Estate Planning Attorney NYC: Wills, Trusts, Probate

Estate Law New York, NY

The Law Office of Robert J. Maher, PC, is an estate planning law firm in New York City, conveniently located in lower Manhattan near most major transportation hubs. 

The Firm believes that planning for what will happen to our property and loved ones when we are no longer here is extremely important  We also know that the process can be difficult for people even  if you have part of a plan in place. Having a well-organized estate planning will help your family members and loved ones navigate what may be one of the most challenging times in their lives. A plan can also help you make sure that everyone is looked after when you are no longer here.

The planning process can be challenging and an experienced attorney can help make sure that the plan meets the often strict requirements of New York State law, while addressing the needs of your family. 

The Law Office of Robert J. Maher, PC

Empowering Our Clients

This is our goal. Empowering our clients through estate planning not only provides the peace of mind that you desire through planning,  but also ensures that your wishes are carried out as you intend. The peace of mind associated with having a plan in place is tremendous.   As a part of that peace of mind, our team can help you address the fears and emotions associated with estate planning and discussions of mortality, not to mention that we are also able to counsel fiduciaries and protect your wishes during any probate proceedings.

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What Our New York Office Can Help You With

Our experienced estate planning attorneys in NYC can help you. We offer assistance with:

  • Will Preparation and create a health care proxy,
  • Creating a Power of Attorney, including a durable power of attorney
  • Elder Law
  • Donation Planning
  • Foundations
  • Probates
  • Contested Wills
  • Guardianships
  • Special Needs Support
  • Estate Planning includes the preparation of revocable and irrevocable trusts.
  • Creating a Testamentary trust
  • And more

The estate planning process can be complicated. Yet, our lawyers will spend a great deal of time with you to learn about your situation and your plans for the future. This will give us a clear understanding of what we need to do to protect your plans and help us prepare you for any issues that may arise. One of our priorities is ensuring that you understand the current laws and any future regulations that may come into place. Our job is also to help you accomplish your goals for yourself and your family.

We understand that no two families are the same and that the clients that come to us may have varying needs. That is why we will always help you to understand the likelihood of your current plan succeeding while giving you the advice and tools you need for a comprehensive estate plan. With our legal representation, you can expect us to advocate for you during every step of the process, which is why we stand out from the rest regarding will support and estate planning.

We have become not a melting pot but a beautiful mosaic. Different people, different beliefs, different yearnings, different hopes, different dreams.

Jimmy Carter

Estate Planning FAQs

WHY CREATE AN ESTATE PLAN?

We live in a country of laws. From our birth to our demise, the law regulates how we own, hold and pass on our assets to our loved ones. Without an estate plan, most families may find that they are unable to immediately access the assets of their loved one who has passed away. Often times, a petition has to be made to the courts for the proper (and legal) distribution of inheritable assets. There are legal forms and proceedings to complete before the court decides who gets what. In short, without a legally recognized estate plan (be it a Will, Living Trust etc.), we leave our loved ones with a real challenge during an already difficult time. And for all of us, estate planning instruments such as Advanced Directives are vital for making sure that any life-sustaining efforts during times of incapacity or illness align with our personal wishes. Last but not least, the issue of legal guardianship of minor children must also be addressed; life is full of unfair and unexpected situations, and as parents, it is our duty to be prepared for them. When you create an estate plan, you are essentially creating peace-of-mind and protection for your loved ones. Read More: What is “Estate Planning” and Why ALL Of Us Need It.

WHAT DO PROBATE AND ADMINISTRATION ATTORNEYS DO?

Probate and Estate Administration Services. A death of a family member or friend is traumatic. There are numerous million questions: “Whom do I tell? What do I about my loved one’s bills? Will the bank foreclose on her home? What do I do with my loved one’s belongings?” It can be an extraordinarily difficult time logistically and emotionally. We are here to help. We know you have questions and concerns, and we understand the overwhelming nature of the Surrogate’s Court proceedings.

Our firm steps in to help people who are intended beneficiaries sort out a loved one’s estate, securing them their inheritance. We will help you make a plan and discuss with you the steps you need to take and questions you might ask as you move forward. This includes instituting Probate & Administration court proceedings, whereby we file a petition to begin the legal process for estate distribution, whether there is a Will or the decedent has passed away without any estate plan (“Intestate Proceedings”).

Email us at info@robertmaherlawcom for a complementary Executor’s checklist.

WHAT IS AN EXECUTOR?

Executors of Estates. An executor is the person chosen by a Will-maker to ensure that the terms of the Will are carried out. The Executor does this by submitting the Will for Probate in the court system (in New York state, the probate court is known as the Surrogate’s Court). Our firm represents executors, trustees and other fiduciaries in the probate and estate administration process. Read our FAQ on what is required to get a will approved for execution in the state of New York. If you’re an executor, take a look at a detailed checklist which can help you carry out your responsibilities. For a detailed overview of what Probate & Administration involves, take a look at our Blog.

HOW CAN I PROTECT MY ASSETS AND MY CHILDREN?

Families with Younger Children. Many associate estate planning with the elderly and/or those with substantial assets. Estate planning also benefits families with young children, families where one or both spouses have children from prior marriages or relationships (blended families), families involving same sex marriages, and single parent families. We help clients create plans and draft documents that reflect their wishes regarding the care and upbringing of their children in the event they are incapacitated or unable to care for them. You can also learn more about guardianship from this FAQ on Guardianship.

Single Parents. In some sense, estate planning for single parents is much more urgent than it is for two-parents families. When you’re raising children on your own, it’s crucial to ensure that all contingencies are considered. Read more here about the key points to bear in mind when you’re a single parent who wishes to plan for and protect your children, your family and your legacy.

For the typical family, a Will and a Living Trust are often the top must-have estate planning documents.

HOW CAN I PROTECT MYSELF AS A SINGLE ADULT

Single adults living alone and with no children need an estate plan to retain their independence and secure their well-being should they become incapacitated. For single adults, having both an Advanced Directive and a Will or Living Trust is perhaps the best way to ensure they remain independent, and their assets go to those they choose. If you’re single and living alone, and want to set up safeguards to protect your independence, you should consider estate planning for single adults.

OTHER ESTATE PLANNING SERVICES

Guardianship Proceedings for the Incapacitated. As court-appointed counsel and guardian for the incapacitated, our firm represents and advocates for those who are unable to make decisions for themselves. 

Immigrants and Foreign Investors. Couples where one spouse is U.S. citizen and the other a Lawful Permanent Residents (green card holders) also face estate planning challenges regarding the marital exemption, while  and U.S. citizens with properties in a foreign jurisdiction must grapple with the issue of taxation in two countries. A non-resident alien who dies owning property in the United States or shares in entities that own property in the United States is subject to estate tax.  A non-resident alien who owns property may also be subject to a gift tax if the individual transfers the property to a third party. These taxes can be substantial.

Elder Law. Our firm helps clients plan for their own disability and the issues related to planning for nursing home care or for the care of a spouse or special needs child. He creates plans designed to protect a client’s wealth and preserve a family’s assets while maintaining eligibility for government programs.

Pet Trusts. Our pets are our family. They are an integral part of our lives, and our well-being and daily happiness. That said, the law considers them possessions. If you don’t think there will be anyone who can afford to take care of your pet should something untoward happen to you, then consider a pet trust.

 

We’re Here For Your Estate Planning Needs At The Law Office of Robert J. Maher, PC

If you want to learn more about our team or are interested in seeing how we can support you with your goals, submit our contact form today or call us directly for a consultation. When you do, you can trust us to help you, using every resource at our disposal to achieve the best possible result. We look forward to hearing from you and are always here to help with your estate planning.

Estate Planning – Expert Facts

  1. When looking for an estate planning attorney, it is essential to find one who is experienced and knowledgeable about the laws in your state.
  2. An estate planning attorney can help you create a plan to protect your assets, provide financial security for your family, and ensure that any taxes due are paid promptly.
  3. Estate planning attorneys can also assist with drafting wills, trusts, and other documents needed to transfer wealth after death or disability effectively.
  4. In New York City, many specialized estate planning attorneys are available to advise on various aspects of the process, such as tax law compliance and asset protection strategies. 5. It is essential to review an attorney’s credentials before engaging his or her services; look for bar association membership which indicates professional experience and competence in this field of practice.

Factoids about Estate Planning Lawyers

  1. Estate planning lawyers in NYC are experienced and well-versed in understanding the laws of New York State.
  2. They can help you make wise decisions about protecting your assets.
  3. They can identify potential problems arising from estate transfers and provide solutions.
  4. Estate planning attorneys will work with you to draft wills, trusts, powers of attorney, and other documents related to your estate plan.
  5. An estate planning lawyer can advise on estate tax matters, such as inheritance or capital gains taxes.
  6. They understand the complexities of probate law which governs the management of a deceased person’s affairs, including their debts, assets, and distribution of property after death.
  7. An experienced estate planning attorney can anticipate future laws changes that may affect an individual’s legacy or wishes regarding their property after death.
  8. Good communication between clients and their attorneys is critical when creating an effective estate plan, as every situation is unique, thus requiring tailored advice based on individual circumstances.