Wills, Trusts & Estate Planning

Planning for your future should involve a solid estate plan which includes a carefully drafted Will and other advance directives to protect you and your family in the event of your incapacity or death. If a person plans well, his or her estate can be passed on after death quickly, easily, and subject to fewer taxes.

A New York Will allows you to exercise power and control over how your assets are to be distributed and to select the person who you want to handle your affairs after your death. Should you die without a Will, New York State law will determine how your assets will be distributed. This distribution may not be what you would wish for.

For parents of young children, it is important to choose and name Guardians in their Wills who will be legally responsible to care for their children should there be no surviving parent. Without a named Guardian, the probate court would appoint a legal Guardian who may not be the preferred choice of the children's parents.

When your Will is drafted, it is standard for us also to prepare a Durable Power of Attorney, Health Care Proxy and Living Will.

A Durable Power of Attorney aids in planning for your incapacity. A Power of Attorney allows another person to have full legal authority to act on your behalf should you become unable to attend to your own personal and financial affairs.

A Health Care Proxy is a legal document in which you can appoint someone you choose to make decisions for you with regard to your health care options if you are unable to make the decisions for yourself.

A Living Will allows you to specify in detail the terms of medical treatment that you do or do not wish to have in the event of your incapacity, such as withholding life support and artificial nutrition when you are terminally ill.

A person's estate consists of all his or her property and possessions. The McHugh Law Firm, P.C. will help you to plan for the future and draft the appropriate documents to ensure that your wishes are carried out in the event that you pass away or are incapacitated.

Probate
Probate courts administer the disposition of property, and appoint Guardians for minors and Conservators for incapacitated adults.

In probate, the court supervises the transfer of legal title from the deceased to the people specified in his or her Will. If the deceased left no Will, the property will be distributed to heirs according to the New York State intestate succession laws.

Probate can be a complicated process. If a close friend or relative has died recently, consider meeting with one of our attorneys to discuss your legal issues. Having an attorney involved ensures that the probating of the Will is properly done and allows you to concentrate on truly more important things after a loved one’s death.

Contact us about your legal matter today!