Best wills and estate planning attorneys in NY help you in drafting both types of will deeds. These will estate deeds include; the living will and the last testament or last will. These documents are both very essential in ensuring your wishes are honored and your family is protected. Events such as incapacity to manage your assets or making decisions concerning your health is not usually anticipated. But no one can predict the future. Therefore, these scenarios need to be planned for in advance. The living will benefit you and your family while you are still alive but incapacitated, while the last will and testament act to ensure that your assets are transferred to your heirs in a manner that you wish after you die. Our certified estate planning attorney drafts these will deed and constantly updates them in the most professional manner required by the probate courts in NY. You do not have to worry at all. Just reach to us and leave the most to us.
What are the types of wills?
There are two essential types of wills in estate planning, these are the living will and the last will and testaments.
- A living will/ advance health care directive.
This is a type of will that allows you to plan for your end of life by writing down your wishes and directives on the extent of extraordinary efforts your doctor should undertake in an event of a prolonged illness. This saves you from too much pain.
- Last will and testament
This type of will is used to direct how your assets will be distributed to your beneficiaries after you have passed on. It is useful in ensuring that your heirs get what you want them to get from your estate.
When to consider drafting will deeds
Estate planning and will draft is a very essential matter that should be undertaken when you are an adult of sound mind and you have your assets of which you wish to leave to some beneficiaries in case you die any time. When you are unmarried, your beneficiaries maybe your parents. When you marry, with kids or no kids, you may consider leaving your assets to your spouse.
How to make and how to probate a will in NY
Drafting your will deeds is a very crucial practice that should be done with the help of an estate planning attorney. The estate attorney will never tell you what asset to give to who but will give you advice basing on the statuses of your beneficiaries. This will open up your mind and give each of your beneficiaries what they deserve from you. Similarly, if the value of your assets exceeds the probate set value, your assets are going to proceed to probate. Your estate planning attorney guides you on how to probate a will in NY. However, here are some steps of how to probate a will in NY:
- Find the will and the certificate of death
- Find a probate court around your state in NY
- Ask for important documents for probate
- Make a list of the assets in the estate
- Hand over a petition document for probate and supporting documents
FAQs: Best Wills and Estate Planning Attorneys in NY
1. Is probate desirable?
Probate is a legal process by which your estate is being distributed in court. It is usually time-consuming and costly at the same time. It also invades your family’s privacy as it is too public.
2. How do I avoid probate?
Probate can be avoided in various ways, this may include; maintaining your estate within the probate set value, you can achieve this by spending more in your lifetime or giving out gifts and donations to a charity. Establishing an estate plan is the second and the very way to avoid probate, working alongside your estate planning attorney will help you come up with estate deeds that are essential for the purpose.
3. How do I find a lawyer for a will?
The best wills and estate planning lawyers are around your state in York. That is the good news! Reach to us for quality services in estate planning that are going to make you never regret planning for your estate.
4. What happens when you die before drafting a will?
When you die without a will, you will have said to have died “intestate”. NY probate courts have provisions on intestacy. Consult us for detailed and current intestacy rules in NY.
5. What is the difference between a living will and a trust?
A living Will is an estate planning tool that allows you to give directions for your assets and health matters while you are still alive, while a trust is a fiduciary relationship where you appoint a third party to hold the assets that are meant to be passed to your heir, it is used especially when the heir is not in a legal capacity to manage or own an estate.