You are probably already aware that having an estate plan in place is important for every adult. Hopefully, you also recognize the need to have an experienced estate planning attorney assist you in the creation of that plan. Helping you create your estate plan, however, is not the only reason you might need an estate planning attorney. Consider the following top five reasons why you might need the assistance of Nassau County estate planning attorneys.
- Creating and updating your estate plan. Every adult should have an estate plan in place. The need to involve an experienced estate planning attorney in the creation and upkeep of a well thought-out estate plan should be clear; however, it doesn’t hurt to mention it. Although it may be tempting to use DIY forms you found on the internet in your estate plan, the majority of the time those forms lead to confusion and even litigation when it comes time to probate an estate.
- Contesting a loved one’s Last Will and Testament. Losing a loved one is a difficult, emotional time period. If you also question the validity of the Last Will and Testament submitted for probate, it can make dealing with the loss even more difficult. Fortunately, there is a way to challenge the Will through initiating a Will contest. Contrary to popular belief, a Will contest cannot be based on the fact that you are unhappy with the inheritance the decedent left you, or failed to leave you. Instead, you must allege legal grounds on which the Will could be declared invalid. Proving those grounds is typically difficult which is why you should need an experienced estate planning attorney on your side.
- Helping you in your role as Executor of an estate. Another reason the loss of a loved one can be more difficult than it might otherwise be is if the decedent named you as the Executor of the estate. As the Executor, you are responsible for overseeing the probate of the estate, a job that requires a good deal of legal and financial knowledge and experience. For that reason alone, most Executors retain the assistance of an estate planning attorney to assist them.
- Assisting in the creation or administration of a trust. After a Last Will and Testament, a trust is among the common estate planning tools. Trusts have evolved to the point where there is a specialized trust to help further almost any estate planning purpose. If you wish to include a trust in your estate plan, an estate planning attorney can help you decide what type of trust you need and help you create the trust terms. If someone appointed you to be the Trustee of a trust, you will be responsible for managing and investing trust assets as well as administering the trust terms. To ensure that you do not make costly mistakes, you should work with an estate planning attorney.
- Nursing home, and/or, elder abuse issues. At some point in your adult life you will likely have a parent, or other elderly loved one, who needs nursing home care. Choosing the right facility, and arranging for the cost of that care, can be overwhelming, which is why many people seek the help of an experienced estate planning/elder law attorney. If, despite your best efforts at finding the right facility for your loved one, you later become suspicious that your loved one is the victim of elder abuse, an estate planning attorney can also help you by reporting your suspicions to the proper authorities and by helping you seek guardianship over your loved one if necessary to ensure that he/she is moved to another nursing home.
As you can see, Nassau County estate planning attorneys can help you with a wide range of legal issues and problems.
Contact Nassau County Estate Planning Attorneys
For more information, please download our FREE estate planning worksheet. If you have questions or concerns about any estate planning or elder law issues, contact the experienced Nassau County estate planning attorneys at the Law Offices of Kobrick & Moccia by calling 800-295-1917 to schedule your appointment.
Anthony Moccia is an attorney and partner at The Law Offices of Kobrick & Moccia.His practice focuses on estate planning and elder law.He is a member of the New York State and Nassau County Bar Associations.He frequently presents free seminars on wills & living trusts to area residents and his seminars are said to be “informative, entertaining & easy to understand.”
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