Where People Usually Start
Estate planning gets put off because nothing about it feels urgent until it suddenly is. Without a plan, New York decides who inherits, the process runs through Surrogate Court, and the people you would have chosen to make decisions may have no authority to make them. A plan drawn up years ago and never revisited can be nearly as difficult as no plan at all.
How we can help
Issues like who will receive your assets after your death, and when and how transfer of those assets will occur, are established by comprehensive estate planning. The timing and nature of these “distributions” may be influenced by a number of issues, including:
- The ages of the beneficiaries
- The fiscal maturity of the beneficiaries, or lack thereof
- The stability of the beneficiaries’ marriages
- The disabilities of any beneficiaries
- The need for a beneficiary to have protection from their own creditors
Additionally, comprehensive estate planning provides for yourself and your loved ones in the event you become mentally incapacitated. It answers questions such as:
- Who will make the determination of whether or not you are “mentally incapacitated”?
- Who will make the financial and legal decisions for you if you cannot make them for yourself?
- Who will make your health care decisions under such circumstances?
- Who will have access to your protected medical records, so that they can make sound medical decisions for you?
Comprehensive estate planning is for your family and their future. Many people have no estate planning at all, and as a result the future of their family is uncertain and can be at risk.
This office has thorough knowledge of the law regarding comprehensive estate planning. Together, we can create a plan that reflects what you actually intend.
Why this needs a lawyer
A will has formal execution requirements in New York, and one that is defectively signed or witnessed can fail entirely. Beyond the will, a plan has to account for how assets actually pass — jointly held property and named beneficiaries move outside the will — and for incapacity as well as death. Revisiting the plan after a marriage, a divorce, a birth or a property purchase matters as much as making it.
Wills, Trusts & Estates Law — common questions
What happens if I die without a will in New York?
State intestacy law decides who inherits, in a fixed order that does not account for your intentions, your relationships, or anyone you meant to provide for who is not a relative. It also means the court appoints the administrator rather than you naming an executor.
What is the difference between a will and a trust?
A will directs distribution after death and goes through the Surrogate's Court probate process. A trust holds assets during your lifetime and can pass them without probate, and can also control timing — releasing assets at particular ages or for particular purposes rather than all at once.
Which court handles estates in New York?
The Surrogate's Court of the county where the person lived. For Brooklyn that is Kings County Surrogate's Court; for Staten Island, Richmond County. Probating a will, appointing an administrator when there is no will, and disputes among beneficiaries all go through that court.
What documents make up a basic estate plan?
Typically a will, a durable power of attorney so someone can handle financial and legal matters if you cannot, a health care proxy naming who makes medical decisions, and a release allowing that person access to your medical records. A trust is added when the circumstances call for one.
Why would I want a trust rather than an outright gift in a will?
Because of who is receiving it and when. The ages of the beneficiaries, their fiscal maturity, the stability of their marriages, a beneficiary's disability, or a beneficiary's need for protection from their own creditors can all be reasons to control the timing and terms rather than transfer everything at once.
What happens if I become incapacitated without a plan?
Someone has to petition the court to be appointed to act for you, which is slower, public and more expensive than naming that person in advance. Planning documents answer in advance who determines whether you are incapacitated, who makes your financial and legal decisions, who makes your health care decisions, and who can see your medical records.
How often should an estate plan be reviewed?
After any significant change — marriage, divorce, a birth, a death, a substantial change in assets, or a move to another state. A plan drafted for circumstances that no longer exist can distribute an estate in a way that no one currently involved would have wanted.
The answers above are general information about wills, trusts & estates law in New York, not legal advice, and do not create an attorney-client relationship. Every matter turns on its own facts.
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