Comprehensive Estate Planning from Knowledgeable
Most people do not like to think about their need for a will, a living will or a health care proxy. In fact, many put off getting these vital documents until it is too late. This is unfortunate, as your will is your opportunity to provide valuable direction to your loved ones, beneficiaries and the state regarding who will receive your property. Importantly, you can also set out who will become the legal guardian of your children after your death. If you die without a will, New York state law will determine who will get your property and perhaps become the legal guardian of your children. This is rarely anyone's first choice.
Everyone Needs a Thorough, Well-Drafted Estate Plan
Estate plans are not just for the well-off. A comprehensive estate plan reduces the chances of loved ones and heirs having arguments over your prized possessions. It clearly sets out your wishes regarding your health care and burial. An estate planning attorney can even help you guard against financial insecurity later on in life.
There are many options for estate plans created by non-lawyers. However, trying to obtain an estate plan without experienced legal help can backfire. If your will or trust is not created according to state law, it will not be legally enforceable. Uncertain provisions can cause more confusion than help. And many forms found online and in stores do not account for unique characteristics in New York state law.
Why You Need a Living Will
Living wills and health care proxies are vital legal documents. If you become ill and unable to make medical decisions regarding your own care, your doctor will learn from your living will what actions you want them to take — or not to take — on your behalf. The health care proxy gives the legal authority for someone whom you have selected to give instructions to your doctors about your care. Without these documents, someone may have to seek appointment as your guardian in order to make such important decisions. This could include someone who is not in a position to know your wishes and best interests.
How a Power of Attorney can Help You Secure Your Finances
Through a power of attorney, you can authorize another person to sign legal documents for you while you are alive. This can be especially useful if you are ill and or elderly and find it difficult or impossible to take care of your own affairs. In addition, you can use the power of attorney to state whom you wish to become your legal guardian if one needs to be appointed for you in the future.
Help Through Probate
If you die without a will and own property in your own name alone, your family will likely need an attorney to administrator your estate, which simply means to gain court approval to distribute your estate property. If you die with a will, a similar process will occur, which is referred to as probating your estate.
Schedule a Free Initial Consultation
We offer free initial consultations so we can learn about your situation and need for an estate plan and what approach will work best for you. If you need to create or revise a will, a living will, a health care proxy, or a power of attorney, or you need to administer or probate an estate, call us at 718-625-0800 for a free consultation. Our office is conveniently located in downtown Brooklyn. We can help you if you live in Brooklyn or anywhere in New York City. You can also reach us online.