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Estate PlanningOur Estate Planning Attorneys will help you with Probate, Inheritance Tax, Wills, Estate Planning, Living Trusts and Estate Tax

My firm can prepare Wills (700+ prepared), Power of Attorneys, and Health Care Proxies. I encourage individuals to execute each of the legal documents referenced below.

Will

A Will is a document that sets forth how you wish your assets to be distributed upon death.

A will also permits you to:

  • Select the person you want to oversee that your affairs are properly handled after death (Executor),
  • Set forth specific bequeaths of your assets to a particular person,
  • Set forth who will manage your minor children’s inheritance and how and when you want your assets to be distributed to them (Guardian),
  • Set forth who will be in charge of the upbringing of your minor children (Guardian).

If you die without a will:

  • And you have assets that do not automatically pass to a different person at the time of your death, then New York law will decide how your assets will be distributed.
  • The state distributes your assets to your heirs according to the state’s intestacy laws, which may or might not be how you would have directed your assets be distributed.
  • And if you have minor children, the court will decide who manages your children’s share of your property and when each child turns 18 years old he/she will get their full share
  • And if you have minor children, the court will decide who your children will live with for the remainder of their upbringing.

Our estate planning attorneys can assist you in the preparation of a will which sets forth your wishes for the disposition of your family assets and the care of your surviving minor children.

Health Care Proxy

Our law firm highly suggests that with each will we prepare a Health Care Proxy should also be executed. The New York Health Care Proxy permits you to appoint someone you trust to make health care decisions for you if you can not make such decisions for yourself. By you choosing your health care agent, you can make sure the agent is aware of and follows your wishes.

Power of Attorney

The third legal document we encourage our clients to execute with their will is a Power of Attorney. This is a legal document that delegate’s legal authority to the person you choose (Agent) so that person has the authority to make your property, financial and other legal decisions for you. This is an especially useful document if you become incapacitated.

New York State changed the law regarding Powers of Attorney. You should be aware that a Power of Attorney executed prior to September 1, 2009 will remain valid.