There are many reasons for contesting a will that can arise during the probate process. When you are making your estate plan, it is important to understand the possible ways that someone could argue against the validity of your will. If you are the executor of an estate or if you stand to inherit after a death, you also need to know why people might contest a will so you can be prepared in case there is a risk of a will contest during the probate process you are involved in.The Law Office of … [Read more...]
What Assets Should Be in My Revocable Trust?
A revocable trust is created to accomplish a few different purposes. Many people create a revocable trust, or a living trust as it is also called, in order to facilitate the transfer of assets without those assets going through the probate process. If you are concerned about who will manage your property if you become incapacitated, the creation of a revocable trust could also make sense as you can name a backup trustee who will be vested with the obligation to take care of your assets held in … [Read more...]
How to Prepare for Creating a Trust
Creating a trust can provide you with many important benefits to protect financial security and to protect your loved ones. Trusts are used for many different purposes, and you need to understand which type of trust is going to best accomplish the goals that you are hoping to achieve. The Law Office of Michael Robinson, P.C. can provide assistance with the trust creation process. Our Rochester wills and trusts lawyer can advise you on the different kinds of trusts that can be created under … [Read more...]
Misconceptions About Wills and Probate
Laws surrounding wills and probate are very complicated, and many people are simply not sure of what New York law actually requires when it comes to creating a legally valid will and probating that will after a death. You need to know the laws on making a will, as well as the rules for the probate process, so you can make sure you protect yourself and your family members. A Rochester estate planning lawyer can help.The Law Office of Michael Robinson, P.C. knows New York laws on wills and … [Read more...]
Should Only the Elderly Create Wills and Trusts?
Wills and trusts should be created by everyone. While many people mistakenly believe that only people who are older need to think about the steps of an estate plan, this is not the reality. A tragic death could happen any time, even to younger people. If you are not prepared with wills and trusts and something happens to you, your family could find themselves facing many difficult decisions and the value of your assets and estate could be significantly diminished. The Law Office of Michael … [Read more...]
3 Tips About Living Trusts in Rochester
Even though the modern revocable living trust is one of the best estate planning tools you can use, a lot of people are reluctant to use them because they do not understand them. The best estate plan is one you make with the advice and guidance of your attorney, but it is also one with which you are comfortable.If you create any estate planning tool, such as a living trust, but don't really understand why you are making it or what its function is, you aren't going to get the most out of your … [Read more...]
Practical Tip to Consider Before Making a Will
When people in the Finger Lakes region of New York talk to an estate planning lawyer about creating a last will and testament, there are several important decisions they will have to make. Even though your lawyer will guide you through the process of making a will that complies with the laws of the state of New York, it’s up to you to make the key decisions. No one can force you to make any decision when you make a will, but there are some tips you can use to help guide you through the process … [Read more...]
Don’t Use a Living Trust to Replace a Last Will and Testament
A living trust is a very popular estate planning tool that can provide some significant benefits to you and your estate. However, like other estate planning tools, a living trust is not capable of serving all your estate planning needs.When people come to an estate planning lawyer and ask for help in creating a living trust, they sometimes ask if they still need to create a last will and testament. Though useful, a living trust is not a replacement for your will. You need to create both of … [Read more...]
Wills and Trusts in Rochester NY: Why Pour-Over Wills and Living Trusts Go So Well Together
Even though no two estate plans are identical, most contemporary plans rely on key parts, such as pour-over wills and revocable living trusts. If you aren’t familiar with wills and trusts in Rochester NY, these two terms might not make a lot of sense to you. However, with just a little background information you will quickly understand why these two types of tools are so helpful. Here’s what you need to know about pour-over wills and revocable living trusts.Avoiding ProbateBeginning in … [Read more...]
Why Executors Get Removed
When you sit down to write your last will and testament you will have to choose an executor, sometimes called a personal representative or an administrator, to manage your estate after you’re gone. As long as you choose someone who is capable and willing to serve, the New York Surrogate’s Court will usually accept your decision. In most situations, executors choose people who will perform their duties diligently, and there’s no reason for estate beneficiaries to ever challenge the executor’s … [Read more...]
