Estate Planning FAQs

At Katz and Baehre, we understand that estate planning, elder law, and probate matters can be complex and often raise many questions. Our experienced attorneys have been serving families throughout Erie County, Buffalo, Williamsville, Amherst, and Clarence, NY since 1992. Below, we've compiled answers to the most frequently asked questions about our services to help you better understand how we can assist you and your family with these important legal matters.

• What is a trust?

A trust is a fiduciary agreement to allow a third party, known as a trustee, to hold assets on behalf of the beneficiary or beneficiaries. It is used to minimize estate taxes and provides other benefits too.

• What happens if I die without a will?

If you die without a will, called intestate, your state laws of descent and distribution will determine how your assets are distributed. This burden falls on the probate system, which can take years to get through.

• What is a power of attorney?

Power of attorney is a legal document that allows you to appoint someone to manage your property, finances, and medical care if you are unable to. Anyone over the age of 18 can create a power of attorney.

• Who is eligible to become a power of attorney?

In New York State, anyone of the age of 18 and is of sound mental capacity can be your power of attorney. It does not have to be a lawyer and most people do not choose an attorney.

• Can I leave money for charity?

Giving money to charitable causes is an honorable thing. Charities help many people and causes throughout the world. If you have a favorite charity or cause, you can choose to leave money for them as part of your will.

• Why do I need an attorney to create a will?

Technically, you do not need a lawyer to create a will. You are free to do so on your own. However, without legal advice from an attorney, you can make costly mistakes. Mistakes on a will can cause it to become invalid, create complications, and mean more taxes for your estate.

• Can I handle probate without an attorney?

While it is possible to handle probate without an attorney in simple cases, it is generally not recommended. The probate process involves strict deadlines, complex court procedures, potential tax implications, and legal liability for mistakes. 

• How do I choose an executor for my estate?

When selecting an executor, consider someone who is trustworthy and responsible, financially literate and organized, willing to serve in this role, younger than you or in good health, and ideally living in New York State. 

• What happens if someone dies without a will in New York?

When someone dies without a will (intestate) in New York, state law determines how assets are distributed. Typically, assets go to the closest relatives in a specific order of priority, with spouses and children receiving preference. The probate process may be more complicated and time-consuming without a will, and the deceased person's wishes may not be honored. Our probate lawyers can guide families through intestate succession proceedings.

• When should I update my will or estate plan?

You should review and potentially update your estate plan after major life events such as marriage or divorce, the birth or adoption of children or grandchildren, significant changes in financial circumstances, moving to a different state, changes in tax laws, or the death or incapacity of a beneficiary or executor. We recommend reviewing your estate plan every three to five years, even without major changes.

• What does an elder law attorney do?

An elder law attorney specializes in legal issues affecting seniors and their families. At Katz and Baehre, our elder law services include Medicaid planning, long-term care planning, guardianship matters, protection against elder abuse, nursing home issues, and assistance with Social Security and Medicare concerns. We help protect the rights and assets of elderly clients while addressing their unique legal needs.

• What are kinship cases?

Kinship cases involve legal matters where relatives seek custody or guardianship of children who cannot live with their parents. 

Estate planning offers plenty of benefits such as limiting estate taxes, ensuring your assets are distributed the way you want them to be, and minimizing family conflict. If you have any additional questions or concerns about estate planning, turn to the reliable attorneys at Katz and Baehre. No matter your needs, trust our estate lawyers to assist you throughout the process. We can help draft up wills, living trusts, powers of attorney, and trusts. If you’re in need of an estate plan, don’t waste another moment. Contact our law firm to schedule a consultation with one of our estate lawyers. We’re proud to provide comprehensive estate planning services to clients across Buffalo, Williamsville, Amherst, Clarence, and all the surrounding communities in Erie County, NY!