Estate Planning Attorney in Queens, NY

Many people know that having a will can make a difference when it comes to how smoothly things go after their death. Most people agree that a will can work to ensure that family members have a clear idea as to “who gets what,” but there are other elements, rather simple elements, that can significantly improve your estate plan. These are known as “the big three.” At The Law Offices of Joseph H. Nivin, P.C., we are committed to providing the top-notch legal service you and your family deserve. Contact us today for a consultation or call 347-973-2151 to get started.

How an Estate Planning Attorney Can Help

An estate planning attorney plays a pivotal role in crafting personalized and effective plans tailored to individuals' unique needs and objectives. By assessing factors such as family dynamics, financial situations, and specific goals, our attorneys ensure that clients' wishes are accurately reflected in legally sound documents. This includes the creation of wills, establishment of trusts, and strategic tax planning to minimize liabilities. Importantly, our attorneys help clients avoid the pitfalls of intestacy by proactively addressing how assets should be distributed.

Additionally, we guide clients in designating guardians for minor children or family members with special needs, aiming to prevent the need for court-appointed guardianship. Beyond initial planning, estate attorneys offer ongoing support, conducting periodic reviews to adapt plans to life changes and legal developments. Ultimately, our expertise helps streamline the probate process, reduce tax burdens, and provide individuals with peace of mind regarding the legacy they leave for their loved ones.

The Big Three In Estate Planning

Attorney Roger Colmena is our dedicated estate planning attorney. He will work with you to create a tailored plan that aligns with your needs, family dynamics, and goals. Most estate plans include three basic documents or tools. These are:

A last will and testament: Also called a will, this documents “who gets what.” It also designates a person or couple to raise your minor children should you and the other parent die or become incapacitated. During the making of your will, attorney Colmena will also ensure that all your bank accounts, IRAs, 401(k)s, life insurance policies and other accounts have designated beneficiaries or are set to transfer on death (TOD).
A power of attorney (POA): A POA is a document that assigns financial power to the person of your choosing. This power can be temporary and limited or can last through your incapacitation and be comprehensive. Basically, a POA means that should you be in a coma, have a stroke, or be diagnosed with dementia, the person you designate will be able to pay your bills, collect on your debts, and sell your property if needed. A POA can be tailored to your needs or expected needs.
A health care directive and proxy: A healthcare directive is also called a living will. It sets down on paper what type of medical care you want (or do not want) if the unthinkable happens. Your family and medical professionals will use this as a guide to know what to do when they don’t know what to do and when you are unable to tell them. A health care proxy is the person you designate to make decisions for you if you can’t.

Attorney Colmena will walk you through these tools and explain the options you have. He will ensure that you understand not only your choices but the reasons for choosing one option over another, given your unique situation and goals. He can also advise the best way to protect your assets. He will explain the New York probate process, other options not described on this page, and what you can expect, given your plan. He can also advise updates to your plans should you marry, divorce or have children. Contact us today for a consultation or call 347-973-2151 to get started.

Estate Planning FAQs:

Do I need a will?

It is generally advisable for individuals to have a will, regardless of age or financial status. A will is a legal document that outlines your wishes regarding the distribution of your assets after your death. It allows you to specify beneficiaries, appoint an executor to manage your estate, and, if applicable, designate guardians for minor children. Without a will, your assets may be distributed according to state intestacy laws, which may not align with your preferences.

What happens when someone dies without a will?

When someone dies without a will (intestate), the distribution of their assets is typically determined by state intestacy laws. The court will appoint an administrator to manage the estate, and assets will be distributed to heirs based on statutory rules. This process may not reflect the deceased person's preferences, and it can lead to complications and delays. It is generally in one's best interest to create a will to ensure their wishes are followed and to simplify the probate process for their loved ones.

What is guardianship?

Guardianship refers to the legal authority given to an individual (the guardian) to make decisions on behalf of another person (the ward) who is unable to make such decisions independently. This situation often arises concerning minor children or incapacitated adults. In the context of estate planning, individuals can use a will to designate a guardian for their minor children. If the need for guardianship arises due to incapacity, the court may appoint a guardian after a legal proceeding, taking into account the best interests of the individual in need of guardianship.

Set Your Intentions Down in a Will Today

Call 347-973-2151 and set up a meeting with estate planning attorney Roger Colmena. You can also reach our team via our online contact form. Our firm serves estate planning clients in Queens, Brooklyn, Bronx, Manhattan, Westchester and throughout Nassau County, New York.