A comprehensive estate plan is a valuable asset. In the absence of a will, when a person dies, the distribution of their property is governed by the intestacy statutes of the New York Estates, Powers and Trusts Law ("EPTL"). In order to ensure that your wishes are carried out and that your property is disposed of in accordence with those wishes, it is important to consult with an attorney an execute a valid will.
Most individuals are generally familiar with the concept of a will. A will is a formalized document that determines who gets your property following your death. The instestacy statutes protect your natural children and your spouse, however this will often not be enough to ensure that your specific wishes are carried out.
Having a plan for end of life decision making can ease the burden on loved ones during a very stressful time. A valid health care proxy will put your desires regarding treatment in writing and can give a family member the authority to make decisions about your health care in the event you can no longer make those decisions yourself.
Similar to the health care proxy, a properly executed power of attorney can give another person authority to handle your affairs in the event you are unable to do so. Preparing for such eventualities will give you and your family the opportunity to focus on your health and recovery with the comfort of knowing that your finances and personal affairs are being monitored as well.
The firm is available to commence probate proceedings, facilitate the appointment of an estate executor or administrator and secure letters testamentary or letters of administration. These proceedings generally take place in the surrogate's court in the county of the decedent's residence. We are also equipped to handle estate litigation such as challenges to the validity of a will or a particular testamentary disposition.