Wills, Trusts, & Estates

Full-Service Wills, Trusts, & Estate Attorneys

Losing a loved one is hard enough on its own. Being burdened with paperwork and legal problems related to the estate is something that no one should have to go through. That’s why you should consider working with an experienced estate law attorney like those at the Law Office of Daniel Webster. We are here to make the logistical and legal work as quick and easy as possible.

How the case proceeds will depend on a number of factors, including the size/complexity of the estate and whether the decedent had a will. But regardless of how the case proceeds, you can be confident in our knowledge of and experience with probate and estate administration. You can also expect transparency and clear communication. We quote you a price upfront so that there are no unwanted surprises.

Wills, Trusts, & Estates Proceedings When Assets Are In More Than One State

It is fairly common for individuals to own assets situated in more than one state. A New York resident may own a vacation home in Florida, for instance, or vice versa.

Our lawyers offer ancillary probate services, which is the term for a second probate proceeding for the same decedent in a different state. If you are the executor of a loved one’s estate and the estate has property here in New York, we will work with you (and your other attorney) to probate the New York assets quickly and efficiently.

Financial Planning

In coordination with a CFP®,  Certified Financial PlannerTM, we offer our clients financial planning services to enhance the benefits of our legal planning services. Leveraging our years of experience, we navigate legal complexities to secure your assets, safeguard your financial future, and ensure a lasting legacy for you and your loved ones.

New York Wills, Trusts, & Estates Laws Overview

The tabs below contain some additional information on New York’s Wills, Trusts, & Estate laws.

  • Statutes
  • Possible Penalties
  • Mitigation Strategies

With a deep understanding of New York’s intricate Wills, Trusts, and Estates statutes, the Law Office of Daniel Webster offers expert guidance tailored to each client’s unique needs. Clients can expect compassionate representation and peace of mind, knowing they’re in capable hands.

  • EPTL 1-2.10: Definitions
    • Sets forth definitions of terms used within the law.
  • EPTL 3-1.1: Who may make wills; age; soundness of mind
    • Outlines the qualifications for a person to make a will.
  • EPTL 3-2.1: Execution and attestation of wills; formal requirements
    • Explains the requirements for the execution and attestation of wills.
  • EPTL 4-1.1: Descent and distribution of an intestate estate
    • Describes how an estate is to be divided if there is no will.
  • EPTL 4-1.2: Disqualification of parent to take intestate share
  • EPTL 5-1.1: Rights of the surviving spouse
    • Defines the rights of a surviving spouse.
  • EPTL 7-1.12: Creation of trusts
    • Establishes rules for creating trusts.
  • EPTL 7-1.18: Revocable trusts
    • Addresses how a trust can be revoked or amended.
  • EPTL 11-1.1: Fiduciaries’ powers
    • Describes the powers and duties of fiduciaries like executors and trustees.
  • EPTL 11-2.3: Accounting by fiduciaries
    • Sets out requirements for fiduciaries to account for their management of assets.

Note: Applicable statutes and strategies may vary on a case-by-case basis, and our team is committed to a meticulous review of your specific situation to guide you through this complex legal terrain. Trust in our firm to shepherd you and your family toward a secure and well-planned future.

At the Law Office of Daniel Webster, we understand the intricacies of New York’s Wills, Trusts, and Estate laws and the severe penalties that can result from violations. Our deep-rooted expertise equips us to navigate these complexities, ensuring that your assets are managed according to your wishes and that you’re protected from legal pitfalls. You can feel at ease knowing that we’re committed to offering compassionate guidance while zealously advocating for your best interests.

  • Failure to File a Will for Probate: Contempt of court or financial penalties may be imposed.
  • Forgery of a Will or Trust Document: Criminal penalties, including imprisonment and fines, as per New York Penal Law.
  • Misappropriation of Estate Funds: Legal repercussions such as fines and restitution, and the fiduciary may be removed from their role.
  • Failure to File Accounting: Fiduciaries can face fines, contempt charges, or removal from their position.
  • Failure to Give Proper Notice to Heirs and Beneficiaries: May result in penalties, including fines or potential removal as executor or trustee.
  • Violating Fiduciary Duties: Sanctions may include removal from the role, fines, and in some cases, criminal charges.
  • Improper Execution of Will: The will can be declared invalid, leading to distribution of assets as if no will existed (intestate succession).
  • Self-Dealing by a Trustee or Executor: Fiduciary may be removed, required to pay restitution, and may face other penalties.
  • Elder Abuse or Undue Influence in the Formation of a Will or Trust: Criminal charges and nullification of the will or trust provisions influenced by abuse.
  • Fraudulent Actions by Executor or Trustee: Could lead to criminal charges, fines, and removal from fiduciary role.

It’s important to note that the possible penalties vary on a case-by-case basis, which is why we are dedicated to providing personalized, expert advice aimed at safeguarding your interests.

At the Law Office of Daniel Webster, we bring an unparalleled depth of knowledge in New York’s Wills, Trusts, and Estates defense strategies, ensuring that your legal rights are robustly safeguarded. Our expertise empowers us to build a formidable defense tailored to your unique circumstances. Rest assured, our compassionate and committed approach means we’re not just your lawyers, but your advocates in navigating these emotionally charged matters.

  • Lack of Standing: Argue that the individual bringing the claim does not have the legal right or standing to contest the will or trust.
  • Statute of Limitations: Point out that the time period for bringing a legal action has expired, as per New York’s specific statutes.
  • Due Execution: Provide evidence to show that the will or trust was properly executed in accordance with New York’s legal requirements.
  • Testamentary Capacity: Defend against claims of mental incapacity by providing medical or other evidence showing that the testator was of sound mind when making the will.
  • No Undue Influence: Argue that there was no undue influence exerted over the testator by producing witnesses, correspondence, or other forms of evidence.
  • Fiduciary Conduct: Defend against allegations of misconduct by showing that the executor or trustee acted within the boundaries of their fiduciary duties.
  • Valid Amendments: In cases where amendments to a will or trust are contested, provide proof that these were made in line with legal requirements.
  • Independent Legal Advice: Demonstrate that the testator received independent legal advice when drafting or amending a will, to counter claims of coercion or undue influence.
  • Non-Fraudulent Conduct: Present evidence to prove that actions taken, which might appear as fraudulent, were in fact conducted in good faith and with transparency.
  • Reliance on Legal Counsel: For executors or trustees, one defense may be that they relied on legal advice in making decisions that are being contested.

Be advised that defense strategies are determined on a case-by-case basis, and a comprehensive legal review of your unique situation is imperative to navigate these intricate waters successfully. Choose to work with us for adept legal counsel aimed at safeguarding your best interests and those of the estate or trust you represent.

Contact The Firm To Learn More