Weinstein & Randisi
Phone:585-310-1578
Toll free:800-768-1780

Resize the Content Text

Avoiding common problems with the administration of your estate

Every family has members who often don't get along -- whether it's a sibling rivalry between your grandchildren or simply an aunt or uncle who seems perpetually at odds with the rest of the family. When it comes to your estate planning, it's important to remember that your incapacity or death is unlikely to change those family dynamics. That's why looking forward to the future and anticipating potential problems with the administration of your estate can be crucial.

Here in New York anyone who dies without first establishing a will is considered "intestate." Individuals who are deemed intestate will have to have their estates distributed among surviving family members by the Surrogate's Court. This process is called probate and is usually administered by the Surrogate's Court in the county where the intestate decedent had their primary residence before their passing.

The good news is that New York statutes allow residents to create living trusts. These can help you avoid probate while also limiting potential beneficiary disputes. A living trust, also known as an inter-vivos trust, is essentially an outline of your property and to whom you want it distributed in the event of your death or incapacity.

There are several benefits to establishing a living trust, but perhaps one of the biggest is that a trust does not have to go through probate and can remain private. Living trusts are also usually revocable. In other words, you can amend or alter your trust as you wish throughout your lifetime. Additionally, you can specify certain individuals whom you trust to look out for your interests as trustees. You can also specify the level of authority each trustee has as well as their specific duties. This can be particularly important with regard to the way that you would like your trustees to administer your estate.

If you are currently considering some form of estate planning you should know that you will probably never be able to prevent animosity among some of your potential heirs. However, with the help of your New York estate planning attorney, your living trust can eliminate many of the most common sources of familial disputes regarding your estate.

Source: New York Courts.gov, "Frequently Asked Questions," accessed April. 20, 2015

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
disclaimer.

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.

close

Privacy Policy

Blog Feed

Blog

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

Map

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