March 10, 2010 | Home | Contact
Markowitz & Piro - Law and Mediation
Markowitz & Piro
500 Mamaroneck Avenue
Suite 320
Harrison, NY 10528
 
phone
914.946.0848
fax
914.946.7468
 
info@mplawandmediation.com
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Estate and Trusts | Real Estate
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.

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.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
 
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