Creating a Will in New York

Will pic

Wills
Image: katsosnylaw.com

Attorney Barbara Katsos practices with The Law Offices of Barbara Katsos in New York, NY. In her work there, Dr. Katsos focuses on estate planning, wills, and real estate law.

When a person passes away without a will in New York, his or her estate is distributed based on intestacy laws. This means that the closest relatives, such as a spouse or children, will receive property first. If the deceased had neither, his or her property will go to the next most closely related relative available. If the court cannot find a living relative, the state receives the estate.

Many people prefer to create wills so they can control where their property goes. New York law allows residents to make their own will without the aid of a lawyer, but it is advisable to seek legal assistance, especially if the situation is complicated or if the will is likely to be contested.

To make a valid will in New York, the document must be signed in front of two witnesses. These witnesses must also sign the will. Getting this document notarized is not required, but it can greatly speed up the probate process if the will’s owner and witnesses sign an affidavit with a notary.

Calculating Child Support in New York

 

Child Support  pic

Child Support
Image: childsupport.ny.gov

The owner of the Law Offices of Barbara Katsos, attorney Barbara Katsos assists clients with a variety of legal needs. Although she specializes in law relating to estate planning and wills, her law office handles everything from real estate and international business transaction law to family and matrimonial law.

In the state of New York, child support is calculated based on the rules and guidelines laid out in the Child Support Standards Act (CSSA). According to this act, child support is meant to provide children with the same standard of living that they would have if their parents were still together. Generally, the non-custodial parent is expected to pay the “basic child support obligation” unless their share is found to be inappropriate or unjust by a court.

This obligation is calculated by multiplying the combined parental income by a child support percentage. The CSSA laid out these fixed percentages based on the number of children being cared for. For one child, child support is 17 percent of the combined parental income. This increases to 25 percent to two children, 29 percent for three children, 31 percent for four, and 35 percent for five or more children.

After the full child support amount is determined, the percentage of each parent’s income applies to the final amount. For example, if the non-custodial parent’s income accounts for 60 percent of the entire parental income, they are expected to pay 60 percent of the determined child support amount. These payments are made either weekly, biweekly, monthly, or bimonthly, and the frequency of the payments determines the amount of each individual payment.