Legal Will and Probate Lawyers Serving Upstate New York
Creating a last will and testament may seem like a time-consuming and depressing task. However, it can save your family time, money and unnecessary distress.
At the law firm of Maxwell & Van Ryn in the Albany suburb of Delmar, our lawyers will help you determine what documents you need — quickly and at a reasonable fee. We will also guide you through the probate process if you are named the administrator of a family member's will.
Estate Planning Services
Most families need three basic types of estate planning documents:
- A Last Will and Testament: A legal will provides your family with the information they need to divide your estate according to your wishes. They don't need to guess or debate your intentions. This document will tell them what they need to know. Parents of young children can designate guardians for their children just in case they are needed.
- A Health Care Proxy or Living Will: Does your physician know how you want to be treated if you are unable to make your own health care decisions? Is your family aware of your wishes? You can save them the anxiety of making difficult decisions at a time of extreme stress.
- Power of Attorney: What if you are too sick to manage your finances? A power of attorney can give that responsibility to a trusted person when and if it is necessary.
What Happens During the Probate Process?
An easy way to describe the probate process is that when someone dies, a temporary company comes into existence to deal with the estate. The executor or administrator is the president of the company, and as such, accounts for the assets and distributes the property to the people who are intended to receive it:
- The beneficiaries of the will, if a there was a will
- Those who have the right to inherit under New York's laws of intestate succession, if there was no legal will
The executor or administrator is also responsible for doing practical things such as paying the mortgage and electrical bills. Our lawyers will guide you through the probate process required by the New York Surrogate's Court and they will make a final accounting of the estate.
Contact us for an initial attorney consultation with no obligation. Our law office is located in the Albany suburb of Delmar in upstate New York. We offer free parking.
