Weinstein & Randisi
Toll free:800-768-1780

Resize the Content Text

Traps to be aware of when drafting a will

According to a report in a major New York media source, more and more people in Rochester and in other communities are writing wills earlier in life. What was once a ritual for people hitting their "empty nest" years is now an exercise even younger people with small children are taking on.

It is particularly common for younger people to write wills in areas where people make fortunes early in life, and it is also more common in New York, where the possibility of someone in the prime of life dying in an unexpected terrorist attack is on the minds of the public.

Indeed, wills are a good thing to put in to place, even if a Rochester family does not have a lot of money. For one, wills prevent fighting not only over big assets but also little pieces of property with largely sentimental value. Also, wills are vehicles through which parents can recommend a guardian for their children should they both die suddenly. Moreover, a so-called "living will" can help families make important medical decisions.

However, wills are not the cure all for estate planning needs and issues. For one, New Yorkers need to keep their wills up to date, reviewing them as a matter of course every 3 or so years, and always when there is a big life change, like a marriage or the birth of a child or even grandchild. Other assets which will not pass under the will, like a 401(k) or a life insurance policy, should also be reviewed and compared to the will.

Moreover, it is important that people, particularly when using a commercially available legal service, to be aware of the local rules and laws so as to ensure the will is valid. The best way to ensure this is to have an attorney draft the will and go through the estate planning process. Moreover, while, thankfully, probate is relatively simple in New York when compared to other states, sometimes staying out of probate court is best.

Finally, New Yorkers should resist the temptation to hand over property to their children immediately, even if there are some good financial reasons to do so. As much as a person might trust his or her children, the reality is that once that property is transferred, they can no longer count on it for support in their old age.

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: