FAQs

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1. What is an Estate Plan?

- An estate plan is a comprehensive strategy that protects you, your loved ones, and your assets during your lifetime, incapacity, disability, and after death. It covers far more than “who gets what.” A complete estate plan ensures your financial and medical decisions are clearly defined and carried out according to your wishes; that there are short-term and long-term guardianship arrangements for your minor children; ongoing protection for children or beneficiaries who may need someone to manage assets for them until they’re mature; and also ensures your personal legacy.

2. What is a Will?

- A Will (or Last Will and Testament) is a legal document that states who inherits your assets, who is responsible for carrying out your instructions, and where you can assign guardianship for your minor children. A Will generally goes through probate, which is a court process where the Will is validated, before any debt is paid or assets distributed. A Will is an essential part of your estate plan, but it’s not a one-size-fits-all solution. It works best when coordinated with the rest of your estate planning documents to ensure your wishes are fully carried out.

3. Do I need more than a Will?

- Yes, absolutely. A Will is important, but it only takes effect after you pass away and only addresses who receives your assets and who will care for your minor children. It does not address the many other legal, financial, and family decisions that need to be made during your lifetime and beyond.

4. What is a Living Will?

- A Living Will applies while you are still alive but unable to communicate your medical wishes, such as if you are terminally ill or permanently unconscious, and unable to make medical decisions about your end-of-life care.

5. What if you pass away without a Will?

- If you pass away without a will, New York State decides who gets what. While the law follows a basic family hierarchy- spouse, children, parents, then other relatives- it may not account for your wishes, blended families, children from other relationships, or how assets should be managed for minors or incapacitated loved ones. Without a will, your loved ones may face delays, financial loss, legal complications, and family disagreements. A properly drafted will ensures your assets go where you want, when you want, and to whom you choose, rather than a Judge who may not know what your wishes are make decisions for you.

6. What is Probate?

- Probate is a court process that oversees what happens to your minor children, your assets, how they are distributed, how debts/ fees are paid, and how any other responsibilities are taken after you pass away. Although probate isn’t only about death, it also steps in when someone becomes incapacitated, whether it’s a minor child or an adult unable to manage their own affairs. In these situations, the judge appoints someone to make financial, medical, and personal decisions on their behalf.

- Probate is often described as the “default plan” for people without an estate plan. If you don’t create a legally sound estate plan, a probate judge, not your family, will make decisions for you.

- In addition, probate is a formal court case. Your loved ones receive a case number, must follow court procedures, and the records (including what you have and how much you own) are generally public. The process can be time-consuming, expensive, and emotionally draining, especially during an already difficult time for your family.

7. Should I avoid probate?

- This depends on your goals. There is no universal answer. Every family has unique goals, circumstances, and priorities. That is why we take an educational approach, based on your unique circumstances. We give you clear, practical information about how probate works, if it's appropriate for you, and what it means for your loved ones. With the right knowledge, you can confidently choose the path that best protects your family.

8. What is a trust?

- A trust is a private legal tool that allows you to control how your assets are managed and distributed, for you and your beneficiaries—both during your lifetime and after your death, without going through probate. A trust can provide immediate management of your assets if you become incapacitated, while keeping your estate matters confidential and efficient.

9. Why use a trust?

- A trust can be used to support yourself, your spouse, minor children, or other beneficiaries during your lifetime and beyond. It can help preserve family wealth, support multi-generational planning, provide flexibility and control, and incorporate tax-planning strategies where appropriate. A trust is also more than a private, probate-avoiding document; it is a strategic tool that allows you to manage and protect assets, provide for loved ones, and ensure your wishes are carried out efficiently, privately, and responsibly, often across generations.

10. Do I need a Trust?

- A trust is a versatile and powerful estate planning tool that can benefit anyone who wants to protect their loved ones, manage, organize, and safeguard their assets efficiently, and plan for the future.

11. How do I choose the right guardian for my children?

- Selecting the right guardian for your children is one of the most important decisions you’ll ever make. It’s about finding someone whose parenting philosophy and style align closely with your own. Someone who would guide, nurture, and discipline your children in ways that reflect your values, and their approach to everyday choices, like education, extracurricular activities, and even spiritual or religious guidance, aligns with your own. These are the kinds of decisions you want to trust your guardian to make, knowing they understand your wishes.

- With our Kids Standby-Guardianship Plan, we provide guidance and support to help you thoughtfully choose the right guardian for your child.

12. Should I Name My Children as Beneficiaries of My Life Insurance Policy?

- We generally don’t recommend naming a minor child as the direct beneficiary of any asset, including life insurance, retirement accounts, or other financial assets. While a minor can legally inherit, they cannot manage assets on their own. As a result, a court may step in to appoint someone, often at an additional cost, to manage the funds until your child reaches adulthood, typically age 18 or, in some cases, 21.

- Through our planning sessions, we guide families thoughtfully through these decisions so you can create a plan that provides clarity, security, and peace of mind for the people you love.

13. How long does the estate planning process take?

- The typical estate planning process takes about four to eight weeks, depending on the complexity of your assets and how quickly information is provided. We can also expedite the process for urgent situations, such as international travel or the arrival of a new baby. Our process includes the initial consultation, document drafting, your signing appointment, and a final binder delivery meeting.

14. What to Expect at Your Complimentary WELL (Wealth, Estate, Life, and Legacy) Planning Session

- From your first call, our goal is to make estate planning clear, welcoming, and centered on your family. We’ll answer your questions, schedule your appointment, and send a welcome email explaining who we are and how our approach goes beyond legal documents to building a meaningful legacy.

- During the WELL planning session, we’ll review what you own, who you love, and how the law applies to your situation, then outline a plan to protect your family and assets if you choose to move forward. To get started, schedule a complimentary 15-minute Inquiry Call using the link below. Book Your 15-Min Inquiry Call

15. Why Choose Us?

- Your estate plan is not just a set of legal documents. The documents are the result of a thoughtful, meaningful planning process focused on your legacy; who you are as a parent, professional, business owner, and human being. Your values, stories, and experiences are what your family will treasure most, and without intentional planning, those are often lost. We build long-term relationships with you and the people you’ve chosen as trustees, guardians, and executors. Through clear guidance and ongoing support, we help them understand their roles and feel confident when they are called upon to step in.

- We are also committed to making sure your plan actually works when it matters most. That’s why we offer regular reviews annually or every three years to keep your plan current, legally sound, and aligned with your life and wishes.

- To us, your final meeting is not the end; it is the beginning. We don’t believe in one-time transactions. We believe in lifelong guidance. As your personal, relational estate planning firm, we are committed to walking alongside you and your family for years to come.

16. Can you review my estate plan?

- Yes! We can review your existing estate plan, even if it wasn’t prepared by our firm. During the review, we’ll carefully evaluate your documents to ensure they fully protect your family, reflect your wishes, and comply with current laws. We’ll identify any gaps or risks and guide how to strengthen your plan. To get started, please visit our “External Plan Assessment” page or schedule a call with us. Our goal is to give you peace of mind knowing that your estate plan truly works when it matters most.

17. Why Shouldn’t I Do Estate Planning Myself?

- The greatest risk of a DIY estate plan isn’t what you get wrong; it’s what you don’t even know to ask. Estate planning involves far more than deciding who gets what. It requires understanding how probate works, how incapacity is handled, how minors are treated as designated beneficiaries, how guardianship is determined, and how legal documents interact with the way assets are owned and titled. It also means knowing what belongs in a legal document and what does not. When people try to do this themselves, they often end up with a false sense of security, and the problem is rarely discovered until a crisis or a loss occurs, when fixing it is far more difficult, expensive, and stressful for the people left behind. Our role is not simply to draft documents. It is to provide counsel, education, and perspective, so the peace of mind you feel about your plan is real peace of mind, not just the comfort of having “something” in place. Don’t rely on DIY plans or online forms that leave gaps. Work with professionals to make sure your plan truly works when you need it most.

18. What is the biggest myth about estate planning?

There are actually three common misconceptions we hear all the time.

- Myth #1: That a Will is enough. Many people think that having a will is all they need and that it covers every estate planning scenario. That’s not true. A will does not address what happens if you become incapacitated or disabled. Even more, a will only takes effect after your death, and it must go through the probate court, which involves filing with the court and potentially opening a formal legal proceeding. So, a will alone is far from a complete plan.

- Myth #2: That their spouse can act for them automatically. Many assume that if they’re married, their spouse automatically has the authority to make decisions for them if they’re incapacitated. This is also false. In New York, being married does not give your spouse automatic control over your medical or financial decisions. Your spouse would need to go to probate court to request legal authority, just like anyone else. There’s no legal presumption that your spouse can act on your behalf without the court’s approval.

- Myth #3: “I don’t need an estate plan because I don’t have a large estate.” Estate planning isn’t just for the wealthy. Even modest estates face legal hurdles without a plan, such as facing probate, guardianship battles for minor children, or disputes over assets. Estate planning is not a luxury. It’s a practical, proactive tool for anyone who wants to protect their family, manage their estate efficiently, irrespective of the size, and leave a lasting legacy.

- The takeaway: Estate planning is about more than documents—it’s about peace of mind, protecting your family, and securing your legacy.

19. What if I move from New York State?

- If you move out of New York, notify us promptly so we can review your estate plan. While your Will or Trust may still be valid, state-specific laws on taxes, property, healthcare directives, powers of attorney, and roles like executors, trustees, or guardians may require updates. To ensure your plan works as intended and avoids legal issues, have it reviewed by an attorney licensed in your new state. We can help you find one who shares our estate planning approach. If you stay in New York, we’ll continue keeping your plan current.

Office Address: 61-43 186th St, Fresh Meadows, NY 11365