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Elder Law in New York
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Is it possible for me to create a plan for my estate?

Simply said, some of the legal documents that make up an estate plan can be written by you. There are numerous do-it-yourself templates and resources available to help you write them.

Should you write your own? That is the question you should be asking yourself. There are also two more key concerns to consider: will those do-it-yourself legal documents be valid? Will they be able to stand up in court? You could theoretically do oral surgery on yourself with a lot of research and study, but should you do it? What are the chances of it working out?

The role of lawyers in property protection

These attorneys know a wide range of planning topics, with this knowledge they know the best thing to be done to protect your property.  Furthermore, if your will is likely to be challenged or your investments are otherwise complicated, they can represent you in court in such circumstances. 

In this distinction of planning, lawyers gain a lot of knowledge by dealing with a variety of planning cases.  Lawyers always have many responsibilities but they all revolve around helping individuals in planning for their death and the investment strategy they want to leave.

Meeting with an experienced and knowledgeable attorney will ensure that the people you care about are adequately protected. This lawyer can also assist you with the following issues:

A lawyer might help avoid the time-consuming and costly probate process.

Probate is the legal process of transferring your inheritance to your legitimate heirs and beneficiaries. This is an extremely expensive process that can take up to two years to complete and is very public.  Probate and all of its ramifications are rather intricate.  An estate lawyer in New York is familiar with probate and can help the people you care about when there is a need.

Attorneys have the knowledge on asset protection for the people you care about in any event you die.

To draft a good plan for the people you care about there are documents that you have to incorporate in your plan.  These documents might help avoid probate.  The attorney you hire can help you incorporate these documents into your plan.

A Lawyer may help save and offer even more security to your estate by helping you avoid common pitfalls

Planning aids in the organization of all your documents and wishes.  This will make it easier for your family to locate important financial documents after you pass away.  Then planning can also assist you while you are still alive by identifying and resolving flaws and conflicts.

By hiring a lawyer, you are relieved of the stress of drafting a plan for your property, this assists you to save funds on professional fees, court costs, and taxation. Any savings you obtained by completing your plan or using an online service are wasted several times over the moment we had to go to court to try to repair your plan.

An attorney can draft you a plan that suits your family members with special needs

There may be unique conditions for individuals. For example, if a child with special needs inherits assets outright, their public benefits will be lost. Fortunately, certain types of trusts can be established so that persons with special needs loved ones can continue to receive government assistance while still obtaining an inheritance.

However, properly establishing a special needs trust is quite challenging and takes much understanding of estate planning. A special needs trust lawyer can ensure that the people you care about are safeguarded and receive the benefit of your legacy to complement their government benefits, which are never enough.

A lawyer will provide unbiased opinions

Planning can be a difficult process to go through. Furthermore, due to family relationships, determining the appropriate approach can be hard. A lawyer provides a second set of eyes and ears to assist you with current and future demands. They will be able to provide you with an honest and unbiased response, which will help you secure your family in the future.

Frequently asked questions

Can I craft a plan for my estate?

It is possible to write your estate plan, provided it will meet your satisfaction and be legally accepted by a court of law.

What do we mean by an estate planning attorney?

An individual with knowledge in the planning of property and probate matters and can help you in protecting your property for the people you care about.

What are the documents needed when protecting ones’ property?

A will, a revocable living trust, a health POA, and, a POA can be included in your plan.

Is conflict of interest a factor while choosing a lawyer?

You need to hire an attorney that will provide you with unbiased opinions, so yes it is a great factor will be selecting your attorney.

What are factors to consider while finding an attorney?

The size of your estate should be a major consideration while hiring a professional to protect your inv.

What can I do to avoid the probate process?

Probate can be avoided by incorporating a revocable living trust in your plan.

Is it possible to incorporate a special needs trust in my estate plan?

In case you have a loved one who needs special needs you can incorporate a special needs trust in your plan to ensure that they are well taken care of.

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