Syracuse, NY Estate Planning Attorneys Protect Your Interests
Everyone should at the very least have a simple Will. Imagine your family’s distress at losing you and how that could be magnified by having to deal with disposing of your estate without guidance or legal standing.
A will allows you to create a personal plan that makes provisions for the future in the event of your death or disability. You can appoint an executor, who is a friend or relative, and you, not the state, may make provisions for the orderly disposition of your estate and care of minor children.
Of course more complex financial circumstances and goals require more complex wills and estate plans.
What is Probate?
Probate refers to the legal process for administering a will and the estate of loved one's after they have passed away.
The probate process can get complicated, especially if a loved one passes without a will or if their will isn't enforceable. In addition to distributing any inheritance, the probate process also dictates who assumes responsibilities of the deceased, such as who will take care of the deceased's surviving children.
How MCV Law's Probate Lawyers Can Help
One of the most common legal issues people face is dealing with the probate court. This is especially true when a loved one dies without a will, as the probate court can then distribute the deceased's estate based on New York State intestate law. This can quickly become a deeply personal and contentious process.
Even if a will exists, the will may not be constructed in a way that stands up in probate court.
MCV Law's experienced probate lawyers can assist you and/or your loved ones in simplifying the probate process. Our compassionate, effective approach makes our probate lawyers the trusted legal guides you need to respect the wishes of deceased loved ones in the most amicable way possible.
Meet MCV Law's Probate Lawyers
What happens if I die without a will?
In the event that you die without a will your property is divided according to New York law.
Generally, if you are survived by:
- Spouse and descendants, your spouse is entitled to the first $50,000 and one half of the balance of the property. Your descendants share the rest
- Spouse, but no descendants, your spouse receives everything
- Descendants (children) and no spouse, the descendants share all assets equally
- A parent or parents, but no spouse or descendants, the parent or parents receive all assets
What happens if I die without a will and leave young children?
If you die and leave children under 18 years old and are also survived by a spouse, your spouse receives the first $50,000, plus one half of the balance. The other half of your estate is divided among your children. A guardian is appointed by the court to manage the children’s share if they are under 18. The court requires that the guardian post a bond and file annual accountings of the income and expenses. The bond and accounting fees can become expensive.
Get a Free Initial Consultation with Probate Lawyers near Syracuse, NY and Surrounding Areas
Providing personal, knowledgeable legal counsel to our clients
At MCV Law, the attorneys take the time to get to know our clients and evaluate their needs and circumstances. We create a will or estate plan that ensures our clients’ hard-earned assets are distributed as they wish.
Similarly the firm’s estate administration attorneys take great care in carrying out the provisions of a will or estate plan. We work with the executor and/or trustee to ensure an orderly estate administration that is compliant with the wishes of the decedent or the grantor of the trust.
We create critical documents for clients including:
- Living wills
- Revocable trusts
- Irrevocable trust
- Charitable trusts
- Special needs trusts
- Charitable gift annuities
- Durable powers of attorney
- Medical powers of attorney
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