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Home » Wills & Trusts » Misconceptions About Wills and Probate

Misconceptions About Wills and Probate

December 29, 2016Wills & Trusts

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 probate inside and out. Our legal team offers assistance with the creation of a last will and testament and can help you to make a will that clearly expresses your preferences and that should be considered legally valid. We can also provide advice on additional estate planning tools that go beyond just creating a last will.

In addition to helping as your will is created, we also offer guidance and representation during the probate process. We represent the executor of a will, heirs or beneficiaries, and those who wish to contest a will. Give us a call today to find out more. Our legal team can offer personalized advice and can also help to dispel some of the common misconceptions about wills and probate that adversely impact people’s estate planning processes.

Misconceptions about Wills

Some of the common misconceptions that people have about wills include:

  • Myth: Wills are only for older people: Actually, people of all ages should have a will. It could be especially important for young families to make a will to name a guardian for their minor children.
  • Myth: Wills are sufficient for your estate planning needs. The truth is that wills are just one of many legal tools that can be used to plan ahead for a secure future. Just because you have a will does not mean you have the type of comprehensive estate planning that allows you to take care of yourself and your loved ones.
  • Myth: Wills are only for wealthy people.  This is not the case. Even if you do not have a fortune to pass on, you still have some things of value, like important family heirlooms. You don’t want your family fighting over who gets what after you have passed away.

The Law Office of Michael Robinson, P.C. will help to make sure you don’t act based on myths, or based on wrong or incomplete information. We will work with you to create a legally valid will that provides you with control over your own legacy.

Misconceptions about Probate

Some of the common misconceptions that people have about probate include:

  • Myth: Probate is a streamlined, quick and easy process. Unfortunately, this is not true. Investopedia warns that probate can take months, if not years, and that the costs of probate can be equal to as much as three to seven percent of the estate. A probate lawyer can help to move the probate process forward as quickly as possible to save on costs and make it possible for heirs to inherit earlier.
  • Myth: You can avoid estate tax if you transfer assets outside probate: This is not necessarily true. Even some assets transferred outside of the probate process can still be counted in determining if your estate will be taxed or not.

Dealing with the realities of probate when your loved one has passed away can be difficult. Let us take care of all of the technical legal details for you so you can focus on moving on after the death of someone you cared about.

Getting Help from A Lawyer With Wills and Probate in Rochester

It is a good idea to get legal help during the estate planning process so you can make sure you make effective use of a will and of other estate planning tools that will help you and your family. Our legal team can also provide assistance to those involved in the probate process. We will work hard to help executors fulfill their fiduciary duty; to help heirs or beneficiaries protect their interests, and to help those who believe a will should be contested because it is not a valid reflection of the wishes of the deceased.

To find out more about the ways in which our legal team can provide you with assistance during your estate planning process or during the probate process, give us a call at 585-374-5210 or contact us online today. You can also join us for a free workshop to get important insight into estate planning and how the probate process works.

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Michael Robinson, Estate Planning Attorney
Michael Robinson, Estate Planning Attorney
Clients notice Michael Robinson’s unique approach to his estate planning practice the minute they walk through his office doors.
Michael Robinson, Estate Planning Attorney
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