We often assume that we are going to live forever, but what happens when we pass away eventually? Will we have our estate plan in order? The New York Times Bucks Blog claims that most Americans tend to put off writing a will or planning their estates. While most Americans don't want to think about estate planning, if you actually plan ahead it's not only better for you, but it's better for your heirs as well.
Here are the 5 questions that the New York Times says that you need to ask a New York estate planning lawyer:
- When Do I Need A Will?: Anyone who has accumulated some amount of wealth should have a will in place. If you have kids, having a will can allow you to name guardians for them.
- Can I Write A Will Myself?: While you can find lots of DIY sites such as LegalZoom.com, it is important to understand that if you have different assets or different types of beneficiaries, a DIY will can be more challenging. It is a lot better to ask a New York estate planning lawyer about how to plan your estate, not just draft a will.
- Do I Need More Than a Will?: Again, this depends on your estate planning needs. Are you worried about end of life healthcare? Then you may need to draft a living will or appoint a healthcare proxy. You may also need a power of attorney if you want someone to handle your finances when you become incapacitated, but you are still alive.
- How Can I Avoid Probate?: While most people want to avoid probate, most assets don't go through probate if there are beneficiaries to the estate. If you really want to avoid it, then talk to a NY estate attorney.
- Where Should I Keep My Will?: Just make sure that wherever you keep that will that your executor knows where it is. In New York, it is easy to just keep a copy of your will with your local county's Surrogate's Court. That way, there is a will on record. They will give you a copy once you show them a death certificate.
If you have more specific questions, it may be best to ask a NY estate attorney.
Related Resources:
- What Happens If A Loved One Dies Without A Will In NY? (FindLaw's New York Estate Planning News Blog)
- Talk To A NY Estate Attorney (FindLaw)
- Estate Attorney James DiPasquale Arrested In Forged Will Case (FindLaw's New York Estate Planning News Blog)


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