SET AN ESTATE PLAN
An estate plan can provide you the essentials needed to make sure your estate and all your assets are in good hands. It includes a Will, power of attorney, a trust, healthcare proxies and care of all your belongings. A Will assigns your executor, the person who’s responsible with your final wishes, while trusts manage distribution of all your assets. Healthcare proxies is proper healthcare you ask for in your Will. A lawyer can give you the guidelines when putting your document in order to ensure you a successful future probate.
A Probate Attorney
It’s important to plan for estate planning to avoid any future fees that can appear if anything isn’t prepared. It’s best to do all this with a probate lawyer to forgo accuracy of any specific details you want to include. Everything will be more organized and the probate process will be less complicated. Our probate lawyers will also give you the advice you need when it comes to directing the decedents assets to beneficiary of choice depending what is written on the Will. Probate lawyer free consultation included.
FAQ
1. Where can I store my will?
You should store the will in a kind of file cabinet or a safe but should be fireproof in case of a possible fire within the estate. You would have all the documents you need to save your money from this sort of incident. A safe deposit box should be avoided because your bank can limit access to the account after your death. At least one person you trust should know where your will is or file it with the Register of Wills but will hold them responsible as a representative unless announced in the will itself. Most important is that the will must be in an envelope.
2. What is an Estate Settlement?
An estate settlements is the process of a decedent’s estate being transferred to an assigned trustee or beneficiaries. There’s also planning of who obtains all these assets but expenses that go with it all.
3. How much is a probate?
The price of the probate in NY, it go from $300 to $800 an hour. The service fee for the estate attorney can be over $3000.
4. Can a probate be avoided?
There’s an understanding when wanting to avoid a probate and it’s due to waiting a year for courts approval or even having the courts approval rather than your own. Both these things can pile more fees on top of the file the more complicated things get through many disagreements. Though most Wills or trusts are specific which already comes with it’s complications which is why it takes a while for the probate to process. It is necessary to use the probate because if you’re looking through the file rather than an attorney, you will be prone to mistakes and more fees that the attorney could of spotted. Upcoming mistakes can also cause the filing to be longer than it should. So you shouldn’t avoid any probates.
5. Can I make a handwritten will?
You can make handwritten Wills but some states have different procedures when it comes to this which makes the process itself more complicated. It’s best to get an official legal document from an estate attorney because it’s more organized, effective, and official.
6. Can I disinherit my spouse?
When it comes to inheritance laws, you’re unable to disinherit your belongings from your spouse. Even if you decide to strain your assets from your wife or husband on your Will, you’re still unable to do so because of common law and being a “surviving spouse.”
7. What is a Revocable Living Trust?
A revocable living trust is needed when it comes to managing your own assets and what to do with them if you’re in critical condition or aging. A living trust can give you the luxury of choosing what kind of healthcare proxy you want and also has the power to avoid the probate process that can save you from those fees.
8. Can an irrevocable trust be amended?
One thing you can do by is to remove assets you’ve written within the trust. You will still have the trust on file but it’ll be one that is empty. There’s also booking an appointment with the court through a trustee since he or she is responsible for making any adjustments as well in the trust even if it’s irrevocable. As long as there’s a good reason for the modification.
9. Can I collect unemployment if I go to school?
To receive unemployment you need to document that you’re looking for work and enrolled in school to receive some benefits.
10. How long do you have to work to collect unemployment in NY?
According to the official ny.gov website, you need to be working for at least a month and in file at least $2,700 in wages. Your base period also needs to be higher than your quarter wages.
