Weinstein & Randisi
Toll free:800-768-1780

Resize the Content Text

2 common estate planning myths

There are a lot of myths about estate planning, and if New York residents buy into these myths, it could leave their best laid estate plans in ruin. This article will discuss two persisting myths about estate planning for people who are married, why these myths aren't true and what you need to know about them.

First, a lot of married couples mistakenly believe that they do not need a will. They think that their estates will automatically go to their spouses when they die. However, every state has different estate laws, which could prevent all of your estate from going to your spouse. For example, in New York, if your spouse had children of his or her own at the time of death, then you will only receive the first $50,000 of his or her estate and the rest you will split with your spouse's children. As such, every New York resident should familiarize him or herself with state intestacy laws, and write a will to indicate how his or her assets should be dispensed following death.

Second, another reason why you want to write a will is because your spouse might not be alive when you pass away. If you are the only one in your marriage who is still alive, then your last marriage is not relevant and the courts will treat you as a single person. Your assets could end up going to distant relatives rather than the friends, relatives or charities that are closest to you.

Do you see how these myths could cause problems for your estate planning? New York residents who have questions about estate planning may want to discuss their situations with an attorney who can help them in this regard.

Source: Washington Blade, "Myths of estate planning," May 28, 2016

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: