FEATURES & NEWS

How to Probate an Estate Quickly in NY 2025
Estate Planning

How to Probate an Estate quickly

How to Probate an Estate Quickly in New York 2025 Introduction: Simplifying Probate in New York Probate in New York can be time-consuming, often compounded

Read More »
Estate Planning

Lawyers for Elderly Abuse 

Lawyers for Elderly Abuse in New York Understanding Elderly Abuse in New York Elderly abuse is a pervasive and often underreported issue affecting seniors across

Read More »
Revocable Trust Lawyer in New York
Estate Planning

Revocable Trust Lawyer

Revocable Trust Lawyer in New York Understanding Revocable Trusts A revocable trust, also known as a living trust, is a powerful estate planning tool that

Read More »
Estate Planning Tips for Entrepreneurs in New York
Estate Planning

Estate Planning Tips For Entrepreneurs

Estate Planning Tips for Entrepreneurs in New York Introduction: Why Entrepreneurs Need Estate Planning For entrepreneurs, estate planning is more than a personal necessity; it’s

Read More »
Will And Trust In New York
Wills and Trusts

Will And Trust In New York 2024

Wills and Trusts in New York: Your 2024 Comprehensive Guide As we approach 2024, the estate planning landscape in New York continues to evolve. Understanding

Read More »
Understanding Wills and Trusts in New York
Estate Planning

Wills and Trusts New York

Understanding Wills and Trusts in New York Wills and trusts are essential tools for estate planning in New York. Each serves distinct purposes and offers

Read More »
Estate planning in the digital age
Estate Planning

Estate planning in the digital age

Estate Planning in the Digital Age Introduction The digital age has transformed nearly every aspect of our lives, including estate planning. As online platforms and

Read More »
Trusts for Minor Children in New York
Estate Planning

Trusts for Minor Children

Trusts for Minor Children in New York Understanding the Importance of Trusts for Minor Children Establishing a trust for minor children is a vital component

Read More »
Five Common Mistakes a Probate Lawyer Could Make in New York
Estate Planning

5 mistakes a probate lawyer

Five Common Mistakes a Probate Lawyer Could Make in New York Probate is a vital process for administering an estate after someone’s death. However, even

Read More »
Reasons to Hire a Probate Lawyer in New York
Estate Planning

Reasons to hire a probate lawyer

Reasons to Hire a Probate Lawyer in New York Probate is the legal process of validating a will and administering an estate after someone’s death.

Read More »
3 Ways to Avoid Probate in New York 2024
Estate Planning

Provide 3 ways to avoid probate

3 Ways to Avoid Probate in New York 2024 Probate is a legal process that oversees the distribution of a deceased person’s assets. While it

Read More »

What is estate planning?

Estate planning in concise terms is the systematic and legal planning of the management of one’s assets during life and their consequent transfer during death, while mitigating difficulties and expenses associated with the bequeathal. Estate planning varies from state to state. In New York, certain laws are in effect which regulate estates and taxes, and such laws would inevitably influence your planning strategy.

How many documents should I include in my estate plan?

The number of estate planning documents you need will be determined by the situation of your estate and your goals. If your estate is not so large, you can easily dispose it with a will. Probating such wills go more easily since the assets they address are small. If your estate is large, you may need to establish trusts to transfer some assets so as to avoid a complex probate and huge taxes. If you are getting old and considering long-term care, your attorney can help establish guardianship or powers of attorney.

What are powers of attorney?

A power of attorney allows you to appoint an agent who would make decisions on your behalf when you become unable to make them yourself due to incapacity. Such decisions could bother on your finances or healthcare, or both as the case may be.

I do not want my family to go through probate. How can I avoid it?

Probate in New York is often expensive, lengthy and complicated, and so highly undesirable for many. The good news is proper estate planning can help you avoid probate completely. By holding your assets in a trust, such assets will pass on to the beneficiaries outside probate. Assets which cannot go into a trust such as IRAs will go to the designated beneficiary directly outside probate as well. If the remaining assets left in your name alone do not exceed $50,000, they will pass through a small estate proceeding instead of an elaborate probate.

Who is an executor, trustee, estate administrator in terms of estate planning?

Executor: your executor is responsible for petitioning your will to court for probate, administering your estate and distributing it according to the beneficiaries.

Estate administrator: in the absence of a will, an estate administrator is appointed in place of an executor. Both terms are collectively called the personal representative of the deceased and have the same responsibilities.

Trustee: A person who creates a trust is called a trust maker, while the person who they name to be their representative to manage the trust is called the trustee.

What are estate taxes?

Estate taxes are taxes payable to the government when a person dies leaving an estate. Not all states impose estate taxes, but in New York, every estate worth over $5.85 million will be taxed upon death. The amount must be paid to the state before beneficiaries can inherit. There are also federal estate taxes. If your estate is over this value and you do not wish for such considerable amount to simply go to the state, you can make your estate tax exempt by reducing its value through gifting, keeping part of your estate in trust, joint ownership, etc. Your estate planning attorney can help you with all of that.

How can I manage my estate when I become incapacitated?

When you become incapacitated, you would need someone to stand in your stead to make decisions on your behalf. You want this person to be someone you trust and that is why you need to appoint them now via any of the following:

  • Financial Power of Attorney: in this document, you appoint a person to make financial decisions for you when you become incapacitated.
  • Healthcare Proxy: this handles your healthcare just as the financial power of attorney handles your finances.
  • Trust: in a trust, your trustee immediately steps into your shoes to manage your estate during incapacity.
  • Living Will: you can declare your healthcare preferences during end of life situations by writing them in a living will.

How can I find an estate planning attorney near me 11514?

In every legal matter, it is best to hire an attorney that is specialized in that very locale. This is because laws vary from one locality to another. Our team of estate planning lawyers offer expert services in Carle Place, NY 11514, and all the Boroughs of New York. Contact our law office today for a consultation.

Most Popular: