Wills, Trusts & Estates

A Will is the most common estate planning instrument. It is a document, signed in front of two witnesses, that lays out how one wants their money and possessions to be distributed upon their death. An attorney drafted Will has the presumption of validity in Court, confirming the need to hire an experienced Will Attorney for the drafting of such a document. Not doing so leaves the government to determine how your estate will be distributed.

A Trust is a legal entity created to become the owner of certain property. Whether it be to avoid the time and publicity of probate, for tax reasons, or more intricate considerations, a Trust can be a useful estate planning instrument. It is important to contact an experienced Trust Lawyer to find out whether a trust is right for you.

When a person dies and has a Will, you must file what is called a probate petition for the Court to recognize the Will and its contents. A proper Will should nominate someone as executor. An executor is the person who is in charge of distributing the decedent’s estate by the terms of the Will. The executor is usually the person to initiate the probate proceeding. It is important that you hire an experienced Probate Attorney to file the petition for you. The Surrogate’s Court demands proper documentation and execution before they will entertain your request for appointment of executorship. 

When a person dies without a Will, you bring what is called an administration proceeding. A close family member, such as a spouse or child of the decedent, must petition the Court to name them administrator of the estate. This person is then in charge of distributing the decedent’s estate by the terms of the New York State Intestacy Laws. It is important to hire an experienced Administration Attorney who knows how to not only complete the documents needed to get one appointed administrator but who also knows the intestacy laws and how to distribute the proceeds of the estate.

Unfortunately, situations arise where people do not want to honor the wishes of a decedent and not follow their estate plan. There are other instances where one is forced or unduly influenced to leave their estate to certain family members. If you believe you are experiencing someone committing fraud on an estate either during the creation of one’s estate plan or after they pass, you must hire an experienced Estate Litigation Lawyer to protect what is rightfully yours.

Believe it or not, situations arise where the court does not know who the decedent’s closest family members are. In these situations, the court will have a trial to determine the family tree and make sure the estate is going to the right people. Not only does the alleged family members need to prove that they are related to the decedent, but they also have to prove that there is no one alive that is closer in relation to the decedent than them. This situation calls for a seasoned Kinship Attorney who knows the rules and procedures of trial.

A guardian is someone appointed by the court to make decisions for a loved one regarding personal needs and/or property management. A guardian may be necessary for a loved one with an intellectual or developmental disability or who becomes unable to look out for their own best interests. A guardian may also be necessary for a minor. An experienced Guardianship Lawyer can help with the petitions, hearings, and accountings associated with becoming a guardian for a loved one.