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Estate and Trusts
It is not unusual for people to delay executing a Will and not want
to have to think about the appointment of a Guardian or the need
for a Living Will, Health Care Proxy or General Power of Attorney.
While being sensitive to these sentiments, we will insure that your
wishes are reflected in legally binding documents. We will explain
the necessity for these documents and the options you have to insure
that your assets are given to the people you desire, and that appropriate
measures will be taken to care for your children.
Clare is also able to assist you in the probate of a Will or the
administration of an estate. She understands that this is an emotional
and difficult time and will professionally help you through the
court process as expeditiously as possible.
Frequently Asked Questions
Do I Need a Will If All of My Assets Are Held with My Husband?
Yes, because there may be some assets that you had before you were
married (stocks or bonds) or some other asset you may have forgotten
about. Also, you may want to make provisions in case both you and
your Husband die simultaneously. Of course, if you have children
a Will will serve to appoint who you want to be Guardian for the
children and is highly recommended.
As
a Single Person Why Would I Need a Will?
Without a Will, the assets of a person with no children and no spouse
would pass according to the following order: parents of the decedent;
siblings of the decedent; nieces and nephews of the decedent; cousins
of the decedent. This may not necessarily be the order of distributions
you desire. Also, an administrative proceeding (the Surrogate’s
Court process when a person dies without a Will) can be more expensive
and possibly more problematic for your family.
Do
I Need a Living Trust?
Under certain circumstances, it may be more desirable for you to
execute a Trust Agreement and transfer all of your assets into the
Trust. For example, if you expect a Will contest because you are
disowning someone or you have relatives who are unknown to you or
may be difficult to find to give the notice required by Surrogate
Court in a probate proceeding, the Trust will provide for the disposition
of your assets upon your death without the need for any Surrogate’s
Court procedures or notice to relatives. However, the initial drafting
of the documents and transfer of assets into the Trust may be costly
and it is possible that a Will would be a better choice for you.
Does Everyone Need a Living
Will and Health Care Proxy?
Tragically, there have been prominent cases in the news in which
young, otherwise healthy people are left in a comatose state with
no choice of recovery after an accident or sudden illness. A Living
Will is a clear indication of your wishes under such a circumstance
and a Health Care Proxy designates the person with whom you feel
most comfortable to make medical decisions on your behalf. Without
these documents, it may be costly and difficult for your family
to carry out your wishes.
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Real Estate
Buying a home is likely to be the most substantial purchase you
will make in your lifetime. Whether it is a cooperative, condominium
or house you are buying, you need someone to insure that the process
runs smoothly and that all title questions are satisfactorily resolved.
When selling a home, you want to be sure that all of the details
are completed so you are protected from any future claims and will
reap the benefits of your property.
If you are purchasing or selling commercial real estate, the concerns
are different, and you will need a knowledgeable attorney to guide
you through the process.
Because the world of real estate is by its very nature filled with
confusing terms and processes, you need a supportive attorney who
will patiently and promptly answer all of your questions and help
you move forward as quickly as possible
We are able to handle all of your real estate needs with many years
experience in real estate transactions throughout the County.
Frequently Asked Questions
Do I Need a Lawyer for Real
Estate Matters?
While there is no requirement do so, the practice in New York State
is for buyers and sellers to be represented by counsel. Most contracts
of sale are several pages long with one or two additional riders.
Because they are drafted by attorneys, you should have someone review
and/or draft the Contract to insure your needs are met.
What Does an Attorney Do In Real Estate Matter?
An attorney will write the Contract of Sale if you are selling and
review and amend the Contract of Sale to protect your interests
if you are purchasing. In both cases, the Contract will be explained
to you before you sign the Contract. The attorney will also review
title and attend to any title issues which arise. If you are financing
the purchase or satisfying a mortgage, the attorney will coordinate
with the lender.
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