Wills and Trusts Practice Center

If you have questions about wills, trusts, probate or other estate planning matters, contact our firm to speak with a knowledgeable estate planning attorney.

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Frequently Asked Questions About Wills and Trusts

Q: What is probate?

A: Probate is a court process to determine the validity of a will. In a situation where this is no will, probate allows the court to direct the distribution of a person's assets in accordance with the state's intestacy laws.

Q: What assets will be included in my probate estate?

A: The probate estate consists of assets owned by a person at the time of his or her death. Common examples of probate estate assets are property to which the deceased person holds title; personal property such as collections, antiques and cars; proceeds from life insurance policies, trusts, annuities and/or retirement plans payable to the estate; and stocks, bonds or other investments.

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Wills and Trusts - An Overview

A will is a written communication by which a person directs how his or her estate is to be distributed upon death. A trust is the legal right to the beneficial enjoyment of property to which another person holds the legal title. Wills and trusts are commonly used estate planning tools.

The advice and assistance of an experienced wills and trusts attorney can be invaluable when building an estate plan. Contact Law Offices of Nicholas P. Barone in White Plains, NY, today to schedule a consultation with an attorney to discuss creating an estate plan that will truly carry out your wishes.

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Why Do I Need a Will?

A will is a legal document that explains how you want your property and assets distributed after your death. It allows you to say who you want to carry out your wishes and provides you with the opportunity to nominate a guardian for your minor children, among other things.

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Trusts 101

A trust is a great estate planning tool for anyone who wants to avoid the costs associated with probate, decrease the amount of taxes paid at death and provide limitations on their young children's ability to access money left to them.

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A User's Guide to Probate

Probate is the court-supervised process of winding up your affairs after death. Many people believe the smart thing to do is to avoid the costs and hassles of probate. Contrary to this popular belief, the probate of most estates runs smoothly. Furthermore, the probate court's supervision ensures that any outstanding debts, taxes and claims against your estate are paid and that your remaining assets are divided among your heirs.

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Death and Taxes: Planning for Both

When you die, the assets and property interests you leave behind minus any debts make up your estate. Whether your assets go through probate or you have set up alternative means for transferring your property, any estate or other taxes owed at the time of your death must be paid.

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Wills and Trusts Resource Links

Estate Planning FAQ
Answers to common questions about estate planning, provided by the American Bar Association (ABA).

AARP Estate Planning page
Articles discussing a variety of estate planning matters, provided by AARP.

The Probate Process
General information on the probate process, including information on the costs, how long the process takes and what types of estates pass through probate, provided by the American Bar Association.

Family Legal Guide to Estate Planning
An introduction to the topic of estate planning and answers to commonly asked questions regarding wills, trusts, living wills and other estate planning tools, provided by the American Bar Association.

Estate planning news
News about estate planning topics, provided by MarketWatch.

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