48 THE QUEENS COURIER • FEBRUARY 12, 2015 FOR BREAKING NEWS VISIT www.queenscourier.com business Employment Matters – Networking for Success Q. Dear Mindy, I am looking The Elder Law Minute TM “CONTEST-PROOFING” YOUR WILL BY RONALD A. FATOULLAH, ESQ. AND EVA SCHWECHTER, J.D. One of the most important ways we can leave a legacy for our loved ones is by drafting the appropriate testamentary documents. An individual can designate who should receive his or her assets when he/she dies by signing a Last Will and Testament and making specifi c “bequests,” or gifts, therein. When an individual dies, the will must be admitted to the court for approval before the assets can be distributed. This process is called “probate.” The Court “proves” the will and ensures that everything was done properly. One issue that may arise during the probate process is a confl ict between family members as to how an estate should be divided. These disagreements can give rise to a “will contest,” a circumstance in which a family member argues that the court should not honor a will, because he or she does not believe that the will represents the true intent of the decedent. In New York, a will can be contested on the grounds that it was improperly executed, that the testator (the individual who executed the will) was not mentally competent, or that the will was drafted under fraud or duress. In order to avoid a will contest and ensure that the decedent’s true wishes are upheld, the will and all other testamentary documents must be properly executed. The following are ways to protect oneself against a will contest: Meet with one’s attorney alone, with the exception of an assistant, paralegal, or another attorney from the fi rm. Family members should not be present when discussing specifi c bequests to be made in one’s will. Make one’s true intentions clear to the attorney, so that he or she can draft the will accordingly. Specifi cally, be sure to discuss in detail one’s family tree, approximate fi nancial holdings, and exactly how one’s assets should be distributed. Provide evidence of one’s health and mental capacity. If there is reason to believe mental capacity will be challenged, take preventative measures in the form of a doctor’s note detailing one’s competence level. Review and carefully read drafts in advance to ensure one’s wishes are being carried out. Ensure that one’s attorney has proper and adequate drafting procedures in place, such as having the appropriate number of witnesses present, making clear to the witnesses that they are witnessing the signing of a will, and having the witnesses sign affi davits. Do not add anything to the will or cross anything out once the will has been signed and witnessed. Do not remove the staples from the will. If one wishes to make changes to a will, it is better to go through the process of drafting a will again, rather than attempting to change an existing will. In certain circumstances, it can be helpful to have an “in terrorem”, or “no-contest” clause, inserted in one’s will. This clause provides that if a benefi ciary, or person named in the will as recipient, challenges a will’s validity, that person forfeits the right to his/her bequest (and in some cases his/her children’s bequests) in the will. This clause is an effective deterrent, as benefi ciaries will not want to contest the will for fear of losing their (or their children’s) inheritance. Have open discussions with family members about one’s estate planning wishes, so that one’s intentions cannot be misinterpreted. While there is no guaranteed method to avoid a will contest, these steps will help to ensure one’s estate is divided according to one’s wishes. Based on the foregoing, there are signifi cant advantages to executing a Last Will and Testament. Discussing one’s personal situation and circumstances with an experienced estate planning attorney is helpful in determining what form of planning should be used. Ronald A. Fatoullah, Esq. is the principal and founder of Ronald Fatoullah & Associates, a law fi rm that concentrates in elder law, estate planning, Medicaid planning, guardianships, estate administration, trusts, wills, and real estate. Eva Schwechter recently graduated from Hofstra University School of Law, where she was a member of the Hofstra Law Review. The law fi rm can be reached at 718-261-1700, 516-466-4422, or toll free at 1-877-ELDER-LAW or 1-877-ESTATES. Mr. Fatoullah is also the co-founder of JR Wealth Advisors, LLC. The wealth management fi rm can be reached at 516-466- 3300 or 800-353-3775. ELDER LAW RONALD FATOULLAH ESQ, CELA* for a job and I have been told that it is important to network. I have no idea where to start, and I am worried that I won’t know what to say. Looking for help in Queens A. Dear Looking, Networking is not just for people who are looking for jobs, and it’s not just for extroverts. The skills you need to network effectively are skills that will be used throughout your life. Networking opportunities can happen every day, whether you are in a room full of people or simply having lunch with friends. The ability to network effectively and make professional connections is one of the keys to success. Follow these tips to form great networking relationships: Create personal connections. Look for networking groups where you will fi nd people who share common interests with you. If you are interested in photography, look for groups that would likely attract other photographers in your area. If you would like to meet local business owners, look for meetings sponsored by your local chamber of commerce. Search the internet to fi nd networking opportunities that appeal to your special interests. It’s not what you know, but who you know. Knowing how to approach people is imperative to developing a good fi rst impression. Maintain eye contact, actively listen to the other person so that you can respond appropriately, show a sincere interest in the other person’s conversation and don’t appear needy or overbearing. The goal is not to meet as many people as possible, but to form lasting relationships with those you do meet. Prepare in advance. If you are new to networking, or feel anxious about talking to a group of strangers, it will be helpful to prepare a few topics you can easily talk about to break the ice. Great ice breaker topics include sports (Did you see the game last night?), weather (Did you hear that we are expecting another snow storm?), the venue (This restaurant really has great food. Have you tried the lasagna?). Once you begin the conversation it will be easier to build upon it to fi nd common interests or learn important information. Be sincere about your desire to build relationships. Relationships don’t magically happen after one meeting. They develop over time with both in-person and virtual meetings. Don’t be shy about asking someone to join you for coffee or lunch. Actively look for people to connect with via Linked In or Facebook. Make sure to distribute your business card when you fi rst meet and then follow up with an email or phone call. You never know when that relationship will open doors for you months, or even years later. People are more likely to connect and recommend individuals with whom they have relationships. The sooner you begin to network, the more effective your network will be. So don’t delay, connect with someone today! Mindy Stern, SPHR, ACC is a career coach, author, speaker and trusted advisor. She founded AIM Resource Group Inc. to encourage the growth and success of individuals and organizations. Visit the website at www. aimresourcegroup.com or call 718-217-1074 to learn more. Do you want your questions answered in this column? Send requests to mstern@aimresourcegroup. com .
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