A Last Will and Testament is a critical component of your estate plan; it reflects your wishes as to the manner and distribution of your assets upon your passing. No matter your age or level of assets, it is imperative that your goals and concerns are shared with an experienced attorney who can advise you of options that best suit your needs. I will review these and other significant issues with you to bring clarity to this process and preclude conflicts and confusion when the time arrives to settle your affairs.

A Trust may be an important vehicle in your estate plan. Apart from the benefit of precluding probate, which proceeding can be time consuming and expensive, certain Revocable and Irrevocable Trusts may offer protection from New York estate tax and Medicaid liens. The type of Trust that best protects and preserves your assets depends on your particular circumstances. As an experienced attorney, I can assist you in reaching your personal goals and tax objectives with the right trust instrument.

Your estate planning should be tackled by an experienced attorney who not only has the skill to draft documents in service of your best interests, but one who carefully listens and understands your goals, interests, and concerns. Family dynamics are challenging and addressing issues at the beginning of the process precludes stress and conflict for your family when your estate is administered. I will work with you to help you achieve peace of mind with properly drafted and executed documents reflecting your wishes.

Despite best efforts to carefully plan for the distribution of assets to your heirs and beneficiaries, challenges to a Last Will and Testament can and do arise. Fiduciaries may find themselves challenged by allegations of malfeasance and breaches of fiduciary duty and subject to a surcharge. My experience in complex and contested proceedings before the Surrogate’s Court will help you understand and narrow the issues in your case, as well as potential avenues of resolution.

The Appellate process presents its own unique challenges and nuances. While an aggrieved party has the opportunity to have an order from a lower court reviewed on appeal, the Appellate Courts are limited in their review to those issues preserved for appeal, limited exceptions aside. If you are considering an appeal, or find yourself in the position of defending an appeal, my experience in appellate advocacy, practice, and procedure will help you succeed before the New York Appellate Courts.

Asset preservation and estate tax concerns may be primary to your planning, but a Power of Attorney and Living Will & Health Care Proxy are also critical to a strong plan. A Power of Attorney may be used at any time, before or after an illness or incapacity, while a Living Will & Health Care Proxy is used when you are no longer able to make health care decisions. The individuals you choose for these roles are entrusted with great responsibility. I will work closely with you to guide you through the nuances of these vital dcuments.