LEGAL ASSISTANCE WITH WILLS & LIVING TRUSTS 

IN ERIE COUNTY, NY

WHY SHOULD YOU HIRE A WILL LAWYER?

If you’re preparing to draft a new will or make changes to an existing one, you might be unsure of where to begin. There are many templates and DIY estate planning videos to be found online; however, when dealing with making provisions for your estate, it’s best to work with a professional will lawyer. If you are creating a will, here are several reasons that you should consider hiring an attorney:

• To Ensure Everything is Covered: You might be surprised at some of the provisions you can make in your will. For example, you can name your executor, designate guardianship of any minor children or pets, and even leave selected assets to charity. A will lawyer can make sure that you have considered everything when planning your estate to reduce the likelihood of complications down the line.
• To Make Sure the Document is Legal: While it is possible to draft a legally binding will yourself, having a will lawyer take a closer look can ensure that the document holds up in court and stays out of probate.
• To Reduce Taxes: Depending on the size of your estate, you might have concerns about the tax issues your beneficiaries will need to deal with. A will lawyer can offer strategies that can potentially reduce your loved ones’ tax burden so they have one less thing to worry about.
• To Handle Complicated Family Relationships: Nobody’s estate plan is exactly the same; perhaps you were married before or you have children from a previous relationship. A will lawyer can navigate even the most complicated family dynamics and make or update your arrangements as needed.
• To Protect Your Interests: Your will is only part of your estate plan; there are other documents that you should consider drafting as well. These documents, such as healthcare and financial powers of attorney, will accompany your will and will actually go into effect before your death. Working with a will lawyer ensures that you have planned for every contingency.

Nobody relishes the prospect of planning their estate, but doing so can provide you with peace of mind. Reach out to our will lawyer today to schedule a consultation; we serve clients from throughout Erie County. 

WHAT TO CONSIDER WHEN WRITING YOUR WILL

When it comes to writing your will, it’s important to work carefully to make sure that your final wishes are accurately reflected and legally binding. If you’re not sure where to begin, our will lawyer is always here to help. Here are some important factors to consider as you begin to plan your will:

• Assets & Beneficiaries: As you plan your will, get started by taking stock of your assets, including any and all property, investments, bank accounts, and personal belongings that you might have. Determine how you want these assets to be distributed among your family members, friends, charitable organizations, and any other beneficiaries. Consider any specific bequests or conditional gifts you may want to include.

• Guardianship: If you have minor children, it’s essential to appoint a guardian in case anything happens to you. Consider who would be the most suitable person to care for your children in the event of your passing. Discuss this responsibility with the potential guardian beforehand to make sure they are willing and able to undertake this responsibility. You can also make provisions for any pets you have. 

• Executor: The executor is responsible for carrying out the instructions in your will. Choose a trustworthy and capable person to fulfill this role. The right candidate will be organized, financially literate, and able to handle any and all administrative tasks necessary to settle your estate.

• Contingency Plans: It's important to plan for the unexpected, including what might happen if your primary beneficiaries predecease you. Consider alternative beneficiaries or contingent plans in case of any unexpected developments. You should also think about what to do if your chosen executor is unable or unwilling to fulfill their duties.

• Debts and Taxes: Consider any outstanding debts, loans, or mortgages you might have. Plan how these should be settled and whether you want to allocate specific assets to pay off debts. Our will lawyer can help you plan your finances to your best advantage. 

• Healthcare and End-of-Life Decisions: While not typically included in a traditional will, you might want to consider creating a separate document, such as a living will, trust or healthcare proxy, that outlines your wishes regarding medical treatment and end-of-life decisions. This ensures that your healthcare preferences are known and respected, even if you are unable to voice your wishes yourself. Our will lawyer can help you plan for every contingency.

• Regular Updates: If there’s one constant in life, it’s that things change over time. Even if you already have a will, it's important to review it periodically and make any necessary updates. Major life events such as marriage, divorce, birth of children, or significant changes in your financial situation should prompt you to review your will to keep it accurate and current. 

Writing your will is a significant responsibility, and it’s important to work carefully to make sure that your final wishes are properly documented and accurately carried out. Consulting with a professional will lawyer can set you on the right path to getting your affairs in order well in advance. While nobody wants to consider these things, having a plan in place can offer considerable peace of mind. Our will lawyer helps families throughout the greater Buffalo area; contact us today to get started!