Everyone wants to provide the best for their family and loved ones. At the same time, you may want to ensure your legacy is protected and your last wishes are respected — both legally and emotionally. And when you choose to work with an experienced last will & testament attorney at Cona Elder Law, you can rest a little bit easier knowing your affairs are in order.
Our experienced estate planning lawyers will listen to your needs and help you craft a last will and testament in New York that protects your wishes.
The most fundamental and perhaps the most important instrument in your estate plan, a last will & testament is a legally binding declaration of who will receive your property upon your death. If you died without a Will (intestate), New York State laws determine how and to whom your assets and property are distributed. This means the court, following state laws, will appoint someone for you, known as an administrator, to handle your estate, and your assets will be divided according to state law (intestacy) - and this may be contrary to your wishes.
A well-planned Will ensures your property is distributed according to your wishes and therefore allows you to make gifts to whomever you see fit, whether relatives, friends, or a charitable organization.
A Will can also help reduce estate taxes and, most importantly for young families, you can appoint someone as guardian of minor children. You may wish to leave assets in trust for minor children or grandchildren. In your Will, you may also wish to specify instructions regarding your burial or earmark money to pay for your funeral and burial expenses. This can provide tremendous assistance and comfort to your loved ones during their time of grieving.
It’s important to work with knowledgeable and experienced estate planning attorneys like the attorneys at Cona Elder Law. We take the time to understand your needs and concerns and partner with you to explain the role and duties of the fiduciaries you appoint, the family dynamics of decisions you make and the tax consequences of certain actions you may wish to make in your estate. By creating your Will and estate plan, you remain in control of important decisions regarding your assets and your loved ones.
The most essential person involved with the administration of your estate is the administrator or Executor. This is the individual you place in charge of your estate following your death. The Executor you choose will have the legal responsibility to handle and resolve all financial obligations as well as other responsibilities, which may include:
The Estate Planning attorneys at Cona Elder Law will work with you to help you appoint a primary Executor as well as a successor to ensure your wishes are carried out as you desire. If you fail to have a Last Will & Testament in place, the courts will appoint someone for you, known as an administrator, to handle your estate, and your assets will be divided according to state law (intestacy).
Do you have a young family? Or are you caring for a loved one with special needs or who isn't in a position to make decisions for themselves? In either case, your Last Will and Testament will empower you to decide who takes care of your loved ones in your absence.
Without this critical legal instrument, the courts will be left to decide this issue.
However, when you work with the Last Will & Testament attorneys at Cona Elder Law, you will be able to appoint a suitable guardian for your loved ones — ensuring they will be taken care of when you pass.
If you do not have a Last Will & Testament, the state of New York will determine how the division of your property will be handled — without knowing anything about you, your interests, or your circumstances. This is known as the Laws of Intestacy.
At Cona Elder Law, we’re proud to have been ranked the #1 Elder Law Firm on Long Island for 8 consecutive years by Long Island Business News. We offer a holistic approach to Elder Law and Estate Planning by focusing on legal matters as well as family dynamics, practical matters, and caregiver issues.
We'll help you plan for the future you envision by creating a comprehensive Last Will & Testament so you can rest a bit easier knowing the future is secure.
Contact us at 631-619-2533 to learn more or schedule a consultation with an attorney.