Queens Estate Planning Lawyer

Estate Planning Lawyer Assisting Clients in Queens

Adults of all ages should plan for the possibility of incapacitation as well as the certainty of death. It can be distressing to consider that you may one day be seriously incapacitated and that you will die. Still, it is important to consider carefully how you would prefer your property to be distributed upon your death and who should be the guardian for your minor children if you become unable to care for them or if you die. Estate planning requires close attention to many different factors and possible scenarios; in many instances, retaining knowledgeable counsel makes it less likely that wills or trusts or other documents will be challenged in court. Jules Haas is a careful and experienced Queens estate planning lawyer who can develop enforceable documents that memorialize your wishes.

Common Considerations in Queens Estate Planning

One of the most important considerations for most people in the estate planning process is how their property will be distributed upon their death. You can document your wishes by creating a last will and testament. When a valid will has not created, a decedent’s property passes based on the intestacy law. Many people have preferences about to whom their assets should pass that do not line up with the rules of intestacy. For example, if you are close to certain friends, but not your parents or your long-estranged spouse, you may prefer that your property pass to your close friends, and you could create a will to this effect.

Although you can technically create a will without a lawyer, retaining an estate planning attorney in Queens to create a valid will reduces the chances of a will contest after your death. The technical requirements are that you must sign your will in front of two witnesses, and these witnesses need to sign the will. The will need not be notarized, but it can be self-proving if it is notarized. When a will is self-proving, this hastens probate because the court does not need to contact the witnesses who signed the will. 

You must have testamentary capacity to make a will. At a minimum this means you are at least 18 years old, and you are of sound mind. Testamentary capacity also requires that you understand what you are doing, that you understand that the will is transferring your property when you die, and that the creation of the will is a legal act that is executed with certain formalities. 

Probate can take a significant amount of time. Sometimes a Queens estate planning attorney can help you create trusts to bypass probate or shorten probate. There are many different types of trusts that may be appropriate, depending on the circumstances. A revocable living trust, for example, allows you to put your assets into a trust but still use the assets in the trust during your lifetime. You can design the trust to allow beneficiaries whom you choose to inherit the assets when you pass, and you can put conditions on the trust. Certain assets may not qualify for disposition in a trust, including retirement accounts and life insurance.

What if you become incapacitated? You will need to consider this possibility in the course of estate planning. It may be important to develop a durable power of attorney and other advance directives. Advance directives are sets of directions such as a health care proxy or living will that will allow doctors and caregivers to make decisions in accord with your wishes if you are in a coma, terminally ill, or at a late stage of dementia. For example, do you want a doctor to put you on a ventilator if you are no longer able to breathe on your own? While you are well, it may be appropriate to execute a document that allows someone else to make medical care decisions on your behalf.

Consult a Knowledgeable Estate Planning Lawyer in Queens

If you are concerned about what may happen to your property or your loved ones in the event of death or incapacitation, you should contact Queens attorney Jules Haas. He has more than 40 years of experience in this sensitive and nuanced area of the law. Mr. Haas works tirelessly toward securing satisfying results for his clients. Contact him at (212) 355-2575 or through the online form.