54 THE QUEENS COURIER • HEALTH • JUNE 1, 2017 FOR BREAKING NEWS VISIT WWW.QNS.COM health The Elder Law Minute TM Who is entitled to a copy of a will once the testator dies? BY RONALD A. FATOULLAH, ESQ. AND STACEY MESHNICK, ESQ. A will is a written instrument whereby an individual provides for the distribution of his or her property at the time of death. Th ere are two critical reasons why you should have an attorney draft your will. First, skilled attorneys are equipped to deal with complex legal issues, including, for example, trusts created under the will for tax planning, or trusts created to benefi t minor children or disabled children. In addition, an experienced attorney can ensure that the will is signed in compliance with New York State’s formal requirements for the signing of a will. Th e failure to follow these rules may result in that will being invalidated. Ordinarily, the original will is left with the draft ing attorney, and during the testator’s (the person who has made the will) lifetime, the only person entitled to the will is the testator him/herself or, if incapacitated, the guardian appointed for that incapacitated testator. Once the testator passes, however, the class of persons entitled to a copy of a decedent’s (the person who has passed away) ELDER LAW will increases. For example, the executor named in the decedent’s will—the person responsible for administering the decedent’s estate—is entitled to a copy of the will. Th is is because the executor must know the identity of the benefi ciaries, the amounts of the bequests, the restrictions, if any, on bequests, and the powers and responsibilities given to the executor by the will. Similarly, if the will creates a trust (called a testamentary trust), the trustee of any trusts created by the will—the person who is legally responsible for administering the trust— is entitled to a copy of that trust for the purposes of a carrying out the terms of the trust. Additionally, the decedent’s heirs are entitled to a copy of the decedent’s will. Th is is because in New York, when the executor proves the validity of the will to the Court (commonly known as “probate” ), the executor must notify the decedent’s heirs. When the executor notifi es the decedent’s heirs that the will is being off ered for probate, a copy of the decedent’s will must be attached to the notice. On the other hand, the named benefi ciaries of a decedent’s will are not entitled to a copy of the will, unless, of course, the benefi ciary is also an heir to whom the executor must provide the requisite notice. Th is is because, in general, a benefi ciary who is not an heir does not have an opportunity to challenge the will, and so the named executor is expected to protect the interests of the benefi ciary in the estate. However, as a practical matter, if a benefi ciary requests a copy of a will, there is no legitimate reason for denying such request as wills are available for viewing at the Court by the public. Finally, the accountant for the estate is entitled to a copy of the decedent’s will. Th is is because the accountant must understand the provisions of the will, including, for example, the allocation of estate income and estate principal in connection with the preparation of any estate taxes or income taxes, or both. It is very important to have an attorney draft your will. A skilled attorney can ensure that the will is draft - ed error-free and with precise words to avoid problems caused by unclear language. Most importantly, an attorney can ensure that the will is signed according to New York’s rules for the proper signing of a will. As mentioned, an improperly executed will may be invalidated. Th e result of an invalidated will is that the individual who made the will is treated as though having made no will at all. Ronald A. Fatoullah, Esq. is the principal 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. Stacey Meshnick, Esq. is a senior staff attorney at the fi rm who has chaired the fi rm’s Medicaid department for over 15 years. Th e 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 a partner with Advice Period, a wealth management fi rm, and he can be reached at 424-256-7273. RONALD FATOULLAH ESQ, CELA* AT A SLOWER PACE AND AGING (i.e.: an opportunity to contemplate) SHELDON ORNSTEIN ED.D, RN, LNHA Th ere is another common change in us as we grow older: we slow down. Th is change is probably most obvious in our physical activity. But it is part of our mental life as well. Psychomotor speed, as psychologists oft en call it, is required by many activities. Th is is the pace at which we carry out all steps of an action, from sizing up the situation, fi guring out what we want to do about it, and fi nally doing it. Activities and tests that place a premium upon speed oft en show the old person at a marked disadvantage. He does however perform as well as younger people. But does performance in those circumstances refl ect intelligence? When activities or men tal tests are designed so that speed is not a signifi cant factor, then the diff erence between old and young becomes much slighter. Th e old person reveals his ability to learn, think, remember and solve problems when not being rushed and when allowed to proceed at his own pace. It makes sense to respect the general diff erence in psychomotor speed between young and old adults. Although there are occasions when raw speed is critical, like dodging out of the way of a careless driver, judgment, experience and a sense of purpose oft en count for more than a rapid dash to nowhere in particular. It can also suggest ways of functioning and enjoying life with less dependence on speed and more upon personality and intelligence. A decline in psychomotor speed would not be so noticeable or important in a society that is free from the hurry up dynamics of our own. Other cultures have not bothered to divide the day, the hour, even the minute and the second, as relentlessly as we do. Nor do they set rigid starting and fi nishing times for so many activities. Slowing down has been rediscovered by many people as more relaxing, perhaps more human, mode of life. Our inclination to slow down in our later years may be nature’s way of allowing us to appreciate the scenery of life’s journey instead of hurtling toward our destination. How? Time to enjoy the grandchildren, time for achieving selective experiences that bring wisdom with age, and time for opportunities to compare and contrast those vivid memories that bring new understanding. My favorite is the continued comprehension of words (i.e.: an ability we have that increases with advancing age). I received a fl yer recently for Older Americans Month and at the bottom of the fl yer was a humorous, but at the same time, signifi cant quotation for all of us who are either beginning to “age” or who are already enjoying the fruits of positive aging. It goes like this: “Don’t get all weird about getting older! Our age is merely the number of years the world has been enjoying us.” Who penned this quote? I don’t know, but how satisfying are the words and thoughts. Dr. Sheldon Ornstein is a registered professional nurse with a doctoral degree in nursing organization. He has specialized in the care of older adults and has published many articles on the subject. He has done post-graduate work in gerontology and has taught at several universities. In 2013, he was inducted into the Nursing Hall of Fame at Teachers College, Columbia University.
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