Wills, Trusts, and Estate Planning

Do You Really Need A Will?

What would happen to your children in the event of a common disaster taking the life of you and your spouse?

What would happen to your home? What about your car or your checking account?

If you and your spouse were to pass at the same time, the answers to the above questions could get quite complicated without a will giving the court direction as to your intentions. The laws of intestacy require that a Guardian be appointed when there are minors involved and the Guardian appointed by the court may be a stranger.

The purpose of a Will is to leave behind written proof of your intentions upon your death. In your Will you would name a Guardian and Trustee for any minor children as well as give direction to the these individuals as to how to distribute your assets.

A Will is probated after death. A lawyer brings a petition with the Will to the Surrogate's Court. The Court issues documents called Letters Testimentary to the Executor or Executrix of the Estate. These "Letters" allow the Executor or Executrix (This is the person named in the Will who is given responsibility for carrying out the Testator’s wishes), to act in the place of the deceased. Once Letters are issued, the Executor/Executrix begins the process of distribution or liquidation of the assets in the Estate. Bank accounts may be opened and closed; realty may be transferred or sold, all by the Executor/Executrix in the name of the deceased.

The Probate process can be lengthy if there is a dispute among beneficiaries or it can be done quite expeditiously if all the required documentation is presented quickly to the attorney and there are no disputes.

The Law Offices of Barbera & McElhone, P.C. are experienced in the preparation of Wills and the process of Probating Estates. Our attorneys can help you prepare your Estate and your loved ones making sure all of your wishes are carried out properly and with dignity.