Weinstein & Randisi
Toll free:800-768-1780

Resize the Content Text

Will alone often not enough to avoid probate

In many life situations, people take action or fail to act based upon misinformation or false assumptions. This is particularly the case when it comes to more complex financial and estate planning matters. However, individuals and their family members who either fail to take action or take action based upon false information may ultimately end up paying heftily.

Estate planning can be complex and confusing. While most people know about common estate planning tools such as a will and trust, few realize that the use of these and other estate planning vehicles can and should be tailored to meet an individual’s needs and ultimate goals. For these reasons, individuals who plan to either start or make amendments to an estate plan are advised to seek the assistance of an estate planning legal professional.

New York residents have likely heard about estates that have gone through the probate process. In many cases, however, people don't have a clear understanding of why an estate may be subject to the probate process, what the probate process entails and the potential negatives inherent to probate.

While a will is often heralded as the most important and basic of all estate planning documents, it's important to note that a will alone won't accomplish all of an individual's estate planning goals. Additionally, in most cases, a will alone isn't sufficient in preventing an estate from going through probate.

While a will can be useful in expressing an individual’s wishes with regard to whom certain assets and belongings are to be distributed, in some states, an estate may still be required to go through probate court. The probate process can be both costly and lengthy and documents and information submitted to the court become public record. It's preferable, therefore, to take steps to avoid the probate process.

One way to avoid probate is to establish a revocable living trust. Individuals who set up a revocable living trust can be named the trust's trustee and therefore has control over all assets mentioned in the trust. Additionally, amendments to the trust's decrees can be made at any time during an individual’s life.

Taking the time to both establish and update an estate plan can ultimately bring an individual peace of mind. Additionally, a comprehensive estate plan benefits loved ones who are spared the hassle of attempting to navigate the probate process.

Source: TCPalm, "Explaining common misconceptions about wills and trusts," Robert Schwartz, March 5, 2014

No Comments

Leave a comment
Comment Information
  • I wanted to write to say how pleased my wife and I were at your professional handling of our estate planning and preparation of new wills. We were put at ease by your visit to our home for an interview and were pleased that you listened to us and captured the things that we felt were important.

    --Robert and Christine Simonson, Fairport
  • In order to finalize the documents we came to your office and were greeted in a very professional manner and we could not have asked for finer service. We left with copies of everything we needed and feel very confident our needs have been met. Thanks again. We will surely recommend you should the opportunity arise.

    — Christine and Robert Simonson, Fairport
  • I have been working with Weinstein & Randisi for about two years now. Elizabeth Randisi, through a very thorough process, has helped my wife and me determine what is really important in our lives. Thus, we were able to draft a living will that reflected our most important values regarding our estate.

    --David and Ajia Cherry, Fairport
  • I would like to give a testimony for Elizabeth Randisi, an estate attorney with Weinstein & Randisi. Her knowledge of wills and estate planning was clearly demonstrated in her presentation to us. Realizing our need for a will, my husband and I went to see Elizabeth.

    --Kathy and Gary Gray, Webster
  • Filing for Medicaid is never an easy or fun process. However, working with the Weinstein & Randisi firm made the process simple and streamlined. We were able to obtain all files and records regarding Medicaid enrollment within a few days using specially prepared checklists and verbiage recommended by our assigned paralegal.

    --Ajia and David Cherry, Fairport
Awarded Top 50 Estate Planning Blog
Email Us For a Response

How Can We Help You?

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Blog Feed


Weinstein & Randisi - estate planning

290 Linden Oaks, Ste. 200
Rochester, NY 14625

Toll Free: 800-768-1780
Phone: 585-310-1578
Rochester Law Office Map


Call us now for a free, 100% confidential consultation: