Melville, NY Wills Lawyer

Schneider, Garrastegui, & Fedele, PLLC helps individuals create lasting legacies with wills.
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Wills in Melville

Did you know if you pass away without a will, your property will be distributed based on New York’s inheritance laws? Under current NYS law, a spouse does not automatically inherit one hundred percent of their spouse's estate. On top of that, a probate proceeding can be more time-consuming and expensive when you don’t have a legally binding will in place. Your family will already be grieving your death, and you don’t want to add to the emotional turmoil, so it’s important that you create a last will and testament.

Along with distributing your property, you can use your will to name guardians for your minor children. Thus, it’s never too early to start planning. Contact our Melville, NY, wills lawyer today to discuss your needs.

What Can You Do with a Will?

Many people are surprised by everything they can do with a last will and testament. A Melville, NY, wills lawyer can help you create a will that:

  • Designates beneficiaries for personal and real property
  • Donates some of the property to charity
  • Names a guardian for minor children
  • Includes a testamentary trust

As you can see, you can accomplish numerous estate planning goals with your last will and testament. Thus, reach out to our firm for a strategy session today.

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Why Choose Schneider, Garrastegui, & Fedele, Pllc?

  • Hyper-focused on Your Needs – While some firms dabble in numerous practice areas, we focus on elder law and real estate. Our limited scope of practice allows us to stay up-to-date and provide hyper-focused, client-centric legal services.
  • Highly Rated – Our firm has accumulated numerous 5-star reviews on Google, Facebook, Yelp, and Avvo.
  • Two Locations to Serve You – Visit our fully staffed Class A office space in Melville, NY, or make an appointment at our satellite office in Hauppauge, NY.
  • Small Firm with Big Firm Assets – As a small firm, you can expect hands-on, customized service with us. At the same time, our assets are comparable to a much larger firm, so we have the resources to help clients of varying and even challenging needs.
  • Bilingual Support – With both English and Spanish-speaking staff and attorneys, you’ll feel at home at our firm.

What Limitations Does A Last Will And Testament Have?

A last will and testament is one component of an estate plan. Thus, there are some limitations. For instance, you cannot use a will to distribute joint-tenancy property. Instead, the other person listed on the property will receive it upon your death. You also can’t distribute life insurance proceeds and other property with a beneficiary in your will. Again, the property will go to the rightful owner upon death.

While some people leave their funeral instructions in their will, that’s not a good idea. Your loved ones might not access your will for weeks after you pass away. Instead, you should create a separate document with your funeral instructions.

These are just some of the limitations of a will. Thus, you’ll need to consult with a Melville, NY, wills lawyer about creating this and other documents for your estate plan. Our firm can assist you with all of your estate planning needs so that you can enjoy your golden years without stress.

Adding Testamentary Trusts To A Will

Your Melville, NY, wills lawyer can discuss adding a testamentary trust to the document if you’d like. Generally, trusts go into effect when created, but a testamentary is different. Instead, it allows you to control how property is distributed after you pass away.

Most often, testamentary trusts are used to leave property to minor children. Parents set these trusts up to hold onto the property until the kids reach 18 years of age. Then the kids receive the assets. While this is the most common use, it’s just one of your options.

If you currently have a testamentary trust that you’d like to change, you need to revoke your current will and create a new one. Then you must make sure the trust is properly set up and funded. Consult with our firm today to learn more about this estate planning option.

Naming An Executor

You will need to name an executor in your last will and testament. This person will administer your estate and distribute the property after you pass away. Additionally, your Melville, NY, wills lawyer might suggest that you add a second executor as a backup. Then that person can probate the will if the first person is not available. You have the freedom to choose who you want, as long as the person is 18 years of age, of sound mind, and doesn’t have any felony convictions. It’s also wise to choose someone who lives nearby, so he or she will be on hand when the time comes. Consult with a Melville, NY, wills lawyer to discuss choosing an executor.

Storing Your Will

The executor of your estate needs the original copy of your will to initiate probate proceedings. Thus, you need to store your last will and testament in a safe place. Some people choose a safe deposit box at the bank due to the security. However, it will take your loved ones time to access it after you pass away. You can also store it with your Melville, NY, wills lawyer for safekeeping. Talk to your attorney about your options so you can keep your will in a safe and secure place until your loved ones need to access it. After choosing a storage location, let your family know so they can access it after you pass away.

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Clients first entrusted us to help them with their estate planning and elder law issues over 30 years ago. Since then, we have expanded our practice to include real estate, but our focus continues to be on assisting clients with some of the biggest issues they will face in their lives.

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