Bronx Last Will and Testament Lawyer Helping You Provide for Loved Ones
A last will and testament spells out what will happen to your property and assets when that time comes. In New York, should a Bronx last will and testament attorney help you create your own last will and testament? Keep reading, and you’ll learn why the answer to that question is yes.
If you pass away suddenly and without a will, what will happen to your estate and your loved ones? Who will be named as the guardian of your minor children? How will your assets be divided, and where will those assets go?
What is a Will?
Simply defined, a will is a document that expresses “your will” – that is, your wishes for what will happen to your assets and properties after you pass away. Your will is revocable, and as long as you live, it can be modified. Your will goes into effect at the time of your death.
At the Law Offices of Thomas J. Lavin, our New York estate planning attorneys assist clients who are creating a last will and testament or facing related issues like updating or contesting a will. We listen closely to ensure that your will is an accurate expression of your wishes.
You will need personalized advice to create a last will and testament that’s just right for you, but most of our clients go into the process with questions like the questions listed below.
What Does a Will Accomplish?
Your will sets forth your instructions for your property and assets – for who gets what. With no will, a court in New York will decide how your assets are divided and distributed. Creating a will is the way to be sure that your instructions and wishes are followed with minimal interference.
Your will is where you can designate a guardian for your minor children – should the worst happen – and you can also name an executor for your estate, a person you trust to handle your affairs.
Without a will, the court will designate an executor who might not be someone you would have chosen. If you’re a pet owner, your will can leave instructions regarding how the pets will be cared for.
Does Everyone Need A Will?
Your age and lifestyle really don’t matter. If you have assets, a family, and/or a business, or if you want to leave specific assets behind for specific individuals, you are going to need a last will and testament, and you are going to need the right attorney’s help.
To get started or to learn more, call the Law Offices of Thomas J. Lavin at 718-306-9162 for a free first consultation regarding your last will and testament. We can create a last will and testament for you that is clear, precise, effective, and enforceable.
You don’t need to be affluent to create a will. In fact, if your circumstances are modest, it is even more important to make sure that the people you love are adequately cared for. Wills, however, must go through the probate process, so for many people, a trust may be more appropriate.
When is a Trust Preferable to a Will?
A trust permits more complicated conditions and arrangements than a will. For example, if you want a grandchild to inherit money only upon completing college or military service, you can do that with a trust.
Additionally, a will takes effect only at the time of your death, while a trust can address matters that may arise if you become incapacitated. After reviewing your circumstances, your attorney can help you determine whether a will or a trust best serves your purposes and meets your needs.
What Does the Executor of a Will Do?
The executor of a will is the person who is named to wrap up an estate’s loose ends – such as paying off lingering debts or taxes – when the will takes effect. An executor also ensures that property and assets are divided and distributed according to the instructions left in the will.
What Happens During Probate?
“Probating a will” means processing a decedent’s estate in probate court, where the decedent’s assets are formally divided and distributed. Probate is both time-consuming and costly. The estate pays the executor’s fees, attorneys’ fees, court costs, appraiser’s fees, and other expenses.
Probate is almost all paperwork. In most probate cases, there are no disputes and no contesting parties. The probate lawyer simply completes a massive stack of paperwork, meets the deadlines, and adheres to the other legal and procedural technicalities.
Avoiding probate is not difficult. One alternative to a will and the probate process is the revocable living trust. If you need to avoid probate, a revocable living trust sidesteps the probate process, but a revocable living trust does not reduce state or federal estate taxes.
How Will the Law Offices of Thomas J. Lavin Help You?
Wills and trusts accomplish many of the same goals, but unless you’re a financial expert or an estate planning attorney yourself, you will need to consult with an estate planning lawyer who can suggest the estate planning option that’s best for you.
If your assets are modest, and you create a will instead of a living trust, let a Bronx personal injury attorney help you draft the will. It is easy to overlook details – who receives individual property items, who will care for your pets, and similar details.
Before drafting your last will and testament, ask your loved ones and heirs about what’s important to them, and you can help them avoid disputes when you’re gone. It is also important to designate a caregiver for your pets and to discuss the caregiver’s role with that person.
The Time to Plan for the Future is Now
Bronx last will and testament attorney Thomas J. Lavin has practiced law in this state for more than thirty-five years, has worked for over five thousand clients, and has established a reputation for extraordinary client service and for legal excellence.
The Law Offices of Thomas J. Lavin are located in the Bronx at 2980 Bruckner Boulevard and at 3561 East Tremont Avenue.
Start planning for the future now with a last will and testament, and contact the estate planning team at the Law Offices of Thomas J. Lavin. Call us now at 718-306-9162. Your first consultation with us is provided at no cost and with no obligation.