First and foremost, my office will provide you with any and all the estate planning services you need.

I specifically focus on what I call "The 4 Major Documents". 

- Last Will and Testament

- Living Will

- Health Care Proxy

- Power of Attorney

The short answer is that tomorrow is not promised, and as we all know, there are no guarantees in life and therefore, it is my belief that every adult should have a will.

No matter the circumstances, the passing of a loved one will undoubtedly be an emotional time. When a person doesn't have a will, also known as "dying intestate", it often results in a great deal of stress for the person's surviving family members during an already difficult time. By spelling out exactly how you would like your estate handled in the event of your death, a will provides peace of mind for yourself and your loved ones. 

A person who makes a will is known as a testator, and those who die without a valid will are said to have died “intestate." If you die without a will, your estate is distributed according to New York State's intestacy laws. There is no guarantee that state laws will align with your wishes. A will provides an opportunity to specifically include people (known as beneficiaries) who intestacy laws would otherwise leave out. It also allows you to disinherit heirs who would otherwise be included. 

Your Estate

Your estate is generally made up of real and personal property. Basically, this means your assets.  Your will allows you to determine "who gets what" with respect to your assets. When you draft your will, you can be as general or as detailed as you would like in the distribution of your assets. In addition to distributing your estate to your family or other designated beneficiaries, a will also allows you to make donations to charitable causes. 

Decisions on Who Will Take Care of Your Minor Children

A will allows you to decide who will take care of your minor children in the event of your death. If you do not make this decision in a will and the child's other parent is not living or available, a court will appoint a guardian. The guardian will most likely be selected from among your family members. However, you know your child best and are probably in a better position than a court to make sure your child is with the right person(s).

Probate is the legal process wills go through to ensure they are valid. The term also refers more generally to the court-supervised process of distributing an estate.

Contrary to popular belief, probate is not always lengthy or expensive. This depends greatly on the size and value of your estate. That said, a clearly drafted will can minimize the delay. For example, if a disgruntled family member “contests" the distribution because they believe they deserve a larger share of your estate, your will can quickly settle the dispute.

The person responsible for administering your estate is known the Executor, or your personal representative. If you do not appoint this person in a will, a court will appoint one for you. Either way, this person is responsible for things like paying your debts, shuttering your bank accounts, canceling your credit cards, and distributing your estate.

Needless to say, this is a position of great trust. A will allows you to appoint someone you know to be responsible and competent. Many people select family members as personal representatives. However, this is not mandatory and may not always be the best option if you are worried about family disputes.

Yes, you can always update your will.

Once you draft a will, it can be updated as your life circumstances change. Your most recent valid will is normally the most authoritative. There are many reasons you might need to update your will. Examples include the birth of a new child, the death of a relative, and divorce.

Unfortunately, as we grow older, or if we experience health challenges, we may find ourselves in a position in which decisions need to be made as to how we wish to be treated in a variety of medical situations. This is especially true at the end of our lives, but can be true at any time as a result of the impact of an accident, injury, or illness. If we are in a condition such that we no longer can express our preferences about treatment, decisions will be made for us by others if we have not planned for our own treatment in advance. Advance health care directives allow us to deal with these situations. Without such directives, our families may find it necessary to obtain court orders to deal with our medical situations.