Will and Trust Attorney in New York City

As will and trust attorneys, we handle is an attorney who handles last wills and testaments and trusts. The field of wills and trusts is varied and wide. For this reason, there may be some attorneys who practice some areas, but not all, of wills and trusts, while other attorneys may have more experience in one area of wills and trusts than others. Knowing what the attorney focuses on and the cases he has previously handled will help you find the right wills and trust attorney for your legal issues.

Wills Attorney

A wills attorney can either be engaged in drafting and execution of last wills and testaments, in the probate of the admission of the will, in probate litigation (which includes will contests, discovery and turnover, and objections to accounting), or in preparation of informal and formal accounting documents.

Drafting of Last Will and Testament

The drafting of a last will and testament requires careful estate planning, considering the totality of assets, the kind of assets, and lifetime objectives of the client. The consultation with the client will determine the legal documents to be prepared, depending on the client’s unique circumstances.

For example, the client may be prioritizing Medicaid planning, in which case there is a need to review the circumstances of the client to see when the client forecasts to enter a Medicaid institution, if applicable. In that case, additional estate planning documents, aside from a last will and testament, may be prepared, depending on whether it is within the Medicaid lookback period or not.

In case the client is more concerned with an equitable sharing in cases of blended families, trusts may also be prepared, in addition to the last will and testament.

Generally, however, aside from the last will and testament, the wills attorney will prepare a healthcare proxy, and durable power of attorney.

Execution of Last Will and Testament

Usually, a wills attorney with experience with the drafting of a last will and testament will also have experience in its execution. In order for a last will and testament to be valid, it must be validly executed. Experienced wills attorneys will usually have a script ready for the client and the witnesses in order to ensure the execution of the will can withstand court scrutiny.

Probate in the Admission of the Will

Not all wills attorneys will have experience in the probate of the will. An experienced wills attorney will be more knowledgeable about the forms required to be submitted to the probate court and the other remedies an executor or administrator can pursue in case there is a forecasted delay in the probate of the will.

Will Contests

The area of will contests is another specialization in the field of wills and trusts. Will contest lawyers are more adept with litigation and the presentation of evidence before the court. But more than litigation, they are familiar with the different grounds for contesting the will, how to defend from will contests, and finding the weaknesses for the different grounds in contesting the will.

Discovery and Turnover Litigation

Another area for wills attorneys is discovery and turnover litigation. This type of litigation occurs when the executor or administrator discovers that the property of the decedent is in the possession of a third party. Discovery and turnover are two types of proceedings with different purposes. Discovery is initiated against persons with knowledge of where the decedent’s property is located, while turnover is initiated against persons who have possession of decedent’s property.

Objections to Accounting

Another area in the field of wills and trusts is the litigation related to objections in accounting proceedings. Depending on the complexity of the estate, a wills and trusts attorney specializing in accounting objections should have knowledge on kinship proceedings and other potential issues that may be raised during accounting proceedings.

Preparation of Informal and Formal Accounting

Another area for wills attorneys is the preparation of informal and formal accounting reports. Not all wills attorneys have experience in this because it requires meticulous review of the estate account and proper recording in the given accounting schedules provided by the court. A detailed informal accounting report can withstand court scrutiny and objections.

Trust Attorney

A trust attorney, on the other hand, handles trust matters, such as preparation and execution of trust documents, estate planning, Medicaid planning, and trust litigation. Not all trust attorneys focus on all fields of trust, and finding the right trust attorney who can handle your particular legal issue is important in the success of your case.

Trusts are the preferred estate planning tool of estate planning attorneys because it can be formed to achieve the many objectives of a client. It can reduce the assets of a client for purposes of Medicaid eligibility. It can segregate the assets of a client in cases of blended families, dividing assets equitably between children from former spouses and current spouses, evading the application of the spousal election rule for trust assets. An experienced trust attorney can help you reduce taxes when transferring wealth to your children, can prepare legal documents to spend down your assets for purposes of Medicaid eligibility, and can ensure you can retain some level of control and prevent trustee abuse after the execution of an irrevocable trust.

Some trust attorneys may be experienced in trust litigation, which includes the removal of a trustee, petitions to revoke an irrevocable trust, interpretations of trust provisions and the link.

A wills and trusts attorney can help you in estate planning and all other aspects of wills and trusts. However, not all wills and trusts attorney have experience in all areas, and finding the right wills and trusts attorney who has experience in that area can be a factor in the success of your case.

Should you need assistance in wills and trusts, we at the Law Offices of Albert Goodwin are here for you. We have offices in New York City, Brooklyn, NY and Queens, NY. You can call us at 212-233-1233 or send us an email at [email protected].