The State of New York has created your estate plan in Sections 3-1.1; 3-5.1 and 4-1.1; 4-1.6 of the Estate Powers and Trust Law. These laws provide for a distribution of your assets in the event you do not possess a valid Will or Trust. If you prefer to permit the legislature of the State of New York to direct the distribution of your assets and control the care of minor children, then read no further. If you would prefer to direct the distribution of assets and how the care and maintenance of your children will occur, then you need individual planning.
The attorneys at Cohen and Lombardo, P.C. are proficient in every aspect of Estate and Trust Law. We can prepare an estate plan tailored to your individual goals, create trusts, prepare wills and see to the probate and administration of an estate upon a loved one's passing.
We can work with you to draft a Will incorporating your individual goals and preferences. The Will that we work together to prepare can be as simple or as complex as your circumstances and preference dictate.
We can discuss with you a so-called "Living Trust" or "Intervivos Trust." If it is determined that a Trust is needed, we will work with you to prepare a Trust which will transfer and administer your assets as you direct.
If your estate is substantial, we can discuss the need for various tax saving provisions in your Will or instruments such as a Credit Shelter Trust, Charitable Trusts, QTIP Trust and more.
We will work with you to prepare what was commonly known as a "Living Will," but today is known as a "Health Care Proxy." This document will permit the person you select to make medical decisions on your behalf in the event that two doctors determine that you do not have the mental capacity to do so. At the same time, we can discuss with you the need for a "Power of Attorney." This document will permit you to appoint another to act on your behalf.
Estate Administration and Probate:
The attorneys at Cohen and Lombardo, P.C. also possess a great deal of experience in probate matters. We work with the Executor or Administrator to collect, report, and distribute the assets of a loved one who has passed. We also have experience in litigation involving estates such as will contests, will construction or the like. Our attorneys can also either prepare or assist in preparing the necessary tax returns to comply with federal and state tax laws. If, due to the size of the estate, an audit occurs, we can handle and guide you through the audit.
The lawyers at Cohen and Lombardo, P.C. are proficient in guiding you through the planning, transferring, and probate of an estate.