Brooklyn Wills, Trusts & Estates Attorney

What This Practice Covers

Estate work divides into two halves. One is planning: deciding, while you can, what should happen to what you own and who should be responsible for carrying it out. The other is administration: doing that work after someone has died.

The planning half is often postponed, usually because it feels abstract. In practice it is concrete and finite: a will, the way assets are titled, beneficiary designations on accounts and policies, and the appointment of the people who will act. Getting those four things right prevents most of the difficulties that arise later.

The administration half arrives at a difficult time. There is a court process, deadlines, notices to interested parties, an inventory of assets, debts to address and, eventually, distribution. Families going through it usually want two things: for it to be done correctly, and for it to be explained as it goes.

The office prepares wills and basic estate planning documents, discusses trust planning where appropriate, and handles probate and estate administration. Where an estate includes real property, that portion overlaps with the office's real estate work.

The Two Halves of Estate Work

Estate work divides cleanly. One half is deciding, while you can, what should happen to what you own and who should carry it out. The other half is doing that work after someone has died.

Making a will that actually works

New York has formal requirements for how a will is signed and witnessed, and a document that is not executed correctly can fail entirely. The cost of preparing a will properly is consistently smaller than the cost of resolving a defective one after a death, when the person who could have explained it is gone.

How assets are titled often controls more than the will

Jointly held property and accounts with named beneficiaries frequently pass outside a will altogether. Reviewing how each asset is actually titled — and what each beneficiary designation currently says — is the step most often skipped, and the one that most often produces an unintended result.

Naming the people who will act

An executor, a trustee, an agent under a power of attorney, a health care agent and, where there are minor children, a guardian. These are practical appointments rather than honorary ones, and the right choice depends on who is willing, available and able to do the work.

Probate when there is a will

Probate is a court process with notices, deadlines, an inventory of assets, debts to be addressed and, eventually, distribution. Families going through it generally want two things: for it to be done correctly, and for it to be explained as it goes.

Administration when there is no will

Without a will, New York law determines who inherits, and the result may not match what the person would have chosen. There is still a court proceeding — the absence of a will does not avoid it, and it often makes the process longer rather than shorter.

Common Matters Handled

These are the kinds of matters the office handles in this area. Whether the firm can accept a specific matter depends on its facts, the jurisdiction involved and the results of a conflict check.

• Wills and basic estate planning documents
• Trust planning discussions
• Powers of attorney and health care proxies
• Probate proceedings
• Estate administration
• Administration where there is no will
• Estates that include real property
• Reviewing and updating existing documents

How These Matters Usually Proceed

1. Take an inventory. What you own, how each asset is titled, and which accounts already name a beneficiary. Titling and beneficiary designations frequently control more than a will does.
2. Decide who acts. Executor, trustee, agent under a power of attorney, health care agent, and — where there are minor children — guardian.
3. Prepare and execute. New York has formal requirements for how a will is signed and witnessed. Documents that are not executed correctly can fail entirely.
4. Revisit after life changes. Marriage, divorce, a birth, a death, a property purchase or a move to another state are all reasons to look at the documents again.

Wills, Trusts & Estates — Frequently Asked Questions

What happens if someone dies without a will in New York?

New York law sets out who inherits when there is no will, and it may not match what the person would have chosen. There is also still a court process — the absence of a will does not avoid it.

Is a will enough, or do I need a trust?

It depends on the assets, the family situation and the goals. A trust is a tool, not an upgrade; it is useful in some situations and unnecessary in others. That is a conversation to have with an attorney who has seen your circumstances.

How long does probate take?

It varies with the size and complexity of the estate, whether the will is contested, whether all interested parties can be located, and the Surrogate's Court calendar. No fixed timeline can be promised.

Can I use a form I found online?

Documents that are not executed according to New York's requirements may not be effective, and generic forms often do not address how assets are actually titled. The cost of fixing a defective document after a death is usually far greater than the cost of preparing it properly.

These answers are general and educational. They are not legal advice, they do not address your particular situation, and reading them does not create an attorney-client relationship. Laws, deadlines and procedures vary by jurisdiction and by the facts of each matter.