Estate Planning

Estate planning is not just for the affluent – it is crucial for anyone who values a level of control over how their life’s work will be memorialized for the health and well-being of their family and loved ones. From appointing guardians for minor children to preparing critical trust and estate planning documents, a comprehensive plan ensures your wishes are respected. With the support of a seasoned estate planning lawyer, you can confidently designate decision-makers for your financial and healthcare needs. No matter your financial situation, creating a plan offers peace of mind and clarity for the road ahead.

Documenting your wishes may seem simple, but handwritten wills (“holographic wills”) are not valid in New York except under very limited circumstances. Online wills may appear simple, but such forms provide limited flexibility and may cause undesirable results without a thorough and tailored approach. Absent a properly crafted plan, your assets could be distributed in ways that do not align with your intentions. Partnering with a skilled estate planning attorney ensures your plan is suited to your needs, legally enforceable, and designed to protect the people and priorities that matter most to you.

A will must be probated in New York Surrogate’s Court in order for a testator’s wishes to be carried out by an executor in compliance with their fiduciary obligations and in service of the estate and its beneficiaries. For those aiming to avoid probate altogether, setting up a trust could be the perfect choice. With a personalized consultation, we will discuss your options and frame your estate planning documents specific to your needs and goals. 

If you do not have a last will and testament or have your assets in an appropriate trust vehicle at the time of death, an administration proceeding will need to be commenced in New York Surrogate’s Court. In such instance, your assets will be distributed in accordance with the statutory Descent and Distribution scheme in the Estates, Powers and Trust Law (the “EPTL”), Section 4-1.1. This may result in assets being distributed to relatives whom you had no intention of having beneficial interests in your estate and assets.  A consultation will provide an opportunity to review your objectives and develop a personalized estate plan that protects your legacy and meets your specific demands.