COMMON QUESTIONS ABOUT WILLS
Planning for the future is an important step in protecting your family, your assets, and your wishes. A legally prepared will allows you to clearly outline how your property and finances should be handled after your passing, while also helping reduce uncertainty for your loved ones. With decades of experience, Kathleen Gaines Attorney At Law helps individuals throughout Niagara Falls, Grand Island, Lockport, and the surrounding WNY communities create legally valid wills, establish essential estate planning documents, and navigate the probate process when a loved one passes away. A well-prepared estate plan can help ensure that your wishes are honored and that your family is protected. Below are answers to common questions about wills, estate planning, and probate to help you better understand how these legal tools work and why they are so important.
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Why is it important to create a will?
Creating a will allows you to specify how your assets and property should be distributed after your death. Without a will, state law determines how your estate is divided, which may not reflect your personal wishes.
What happens if someone dies without a will?
If a person dies without a will, they are considered “intestate.” In this situation, state law determines how property and assets are distributed, and the court may decide certain matters such as guardianship for minor children.
Do I need an attorney to write a will
While it is possible to attempt writing a will on your own, New York State has specific legal requirements for a will to be valid. If a will does not meet those requirements, it may be treated the same as not having a will at all.
What information is typically included in a will?
A will generally identifies who will receive the deceased person’s property and assets. It can also name an executor to manage the estate and appoint guardians for minor children.
What does a wills attorney do?
A wills attorney helps draft legally valid documents that outline how your estate should be handled. They ensure that your will meets New York legal requirements and reflects your wishes regarding asset distribution, guardianships, and estate planning decisions.
What other estate planning documents might be included with a will?
Estate planning may also include documents such as a living will, health care proxy, power of attorney, or trust. These documents address medical decisions, financial matters, and asset management in different situations.
What is a living will?
A living will allows you to express your wishes regarding medical care or life-support decisions if you become unable to communicate those decisions yourself.
What is a power of attorney?
A power of attorney is a written document that allows another person to handle financial or legal matters on your behalf if you are unable to do so.
What is probate?
Probate is the legal process that takes place after someone passes away. During probate, the court oversees the administration of the estate, validates the will if one exists, and ensures assets are distributed appropriately.
Can a will be updated after it is created?
Yes. Life changes such as marriage, divorce, new children, or financial changes may require updates to your estate plan. An attorney can help revise your will so it continues to reflect your wishes.
