Probate And Estate Planning FAQ
Providing Answers To Help Clients Protect Their Property And Control Key Decisions
The attorneys of Goldberg Sager & Associates have over 25 years of experience helping families maintain their assets through careful estate planning and guiding them through the probate process. We also draft important documents that ensure your medical and financial wishes are upheld should you become incapacitated. Though each situation is different, there are questions concerning estate planning and probate we are frequently asked by clients:
- What is probate?
- What is a revocable living trust?
- What is an irrevocable trust?
- What are the most important considerations for selecting guardians?
- What are advance directives and durable powers of attorney?
- What information and documents should I gather before I contact an attorney to draft a will?
What is probate?
Probate is the legal process by which the New York Surrogate’s Court confirms the validity of a will and oversees the execution of its terms. If you’ve been named an executor, Goldberg Sager & Associates can take you through every step of the process, representing you before the court and completing the necessary paperwork. We can also help you prepare financial instruments that can allow you to transfer assets at death while bypassing probate.
What is a revocable living trust?
A revocable living trust is a document established while you’re living that designates someone of your choosing, known as the trustee (including yourself), to be responsible for managing your property. Because it is revocable, you can make changes to it throughout your life or dissolve it entirely. It is also a way for you to pass property to your heirs without involving the probate system.
What is an irrevocable trust?
An irrevocable trust is a trust that is established for the benefit of heirs or beneficiaries, but cannot be changed after the trust has been created and documents signed except under limited circumstances. Revocable trusts become irrevocable once the creator of the trust has died or at a specific point in time.
What are the most important considerations for selecting guardians?
Providing for the care of minor children is the most important estate planning decision a parent can make. Your children’s health and safety are always the foremost concern, so it’s important to choose a guardian wisely. That person should be someone you trust who can provide for your children’s needs during their minority. You might also want to factor in where the guardian lives and whether his or her beliefs are in line with yours. We can help you prepare a financial plan to assist the guardian with raising and educating your child.
What are advance directives and durable powers of attorney?
New York recognizes three types of advance directives: health care proxies, living wills and Do Not Resuscitate orders, or DNRs. These important legal documents issue instructions for your medical care so that your wishes are upheld in the event that you become incapacitated. A durable power of attorney designates a trusted person to manage your financial and other non-medical affairs when you cannot. Even when you are unable to function due to an injury or illness, your bills still must be paid.
What information and documents should I gather before I contact an attorney to draft a will?
You should gather all financial information including bank statements, retirement accounts and securities as well as life insurance policies and materials relating to other prospective death benefits, such as those provided to veterans. Your attorney will also need any deeds and title documents for land, homes and vehicles you own, and the contact information for the proposed executor of your will and all beneficiaries.
We will review all of your documents and other information to design a customized estate plan that maximizes the assets you will pass on and sets forth clear instructions on their distribution.
