A will is a legal document that directs how to distribute property upon death. A will also nominates people for important roles, such as executor of the will, guardian of minor children, and trustee.
If you are like most people, the reason you are visiting our website is because you have decided it was time to put together your will, or maybe a trust. Perhaps you are not sure what you need. We often find that most people interchange the term “will” and “trust.” Our goal is to help you understand the important differences between the two documents. It could save your family a lot of time and money.
One of the most important differences that may surprise you is that a will does NOT avoid probate. Even if you carefully document your wishes in a will, your estate will still end up in probate after your death. A will does not avoid probate; in fact, in most cases, it guarantees it.
The two (2) most common reasons why New Yorkers should make a will are to:
- Name guardians for minor children. Every New York parent with minor children (under 18 years old) should write a will to name a guardian and to create a minor’s trust. This is by far the most common reason for creating a will.
- Avoid default laws. There are many situations where New York’s default inheritance laws may be undesirable, such if you wish to disinherit a family member or to keep family wealth within the family bloodline.
Our office charges a predetermined flat fee for the preparation and execution of your will and other ancillary documents such as a Power of Attorney and Health Care Directive.
We’ve got your family covered.