Proven and Respected Estate Planning Attorney in New York Ready to Assist You
You may be concerned with providing for your minor or disabled child, protecting your estate from unnecessary taxes, or safeguarding your assets against the cost of long-term care. If you share any of these concerns, it is vital that you plan. Without doing so, the laws and courts of New York State will dictate what happens to your estate and the care of your children. Whatever your concerns are, the Law Office of Andrew M. Lamkin, P.C. will create a comprehensive plan to meet your goals. Contact our trusted and respected estate planning attorney in New York.
No two estate plans are exactly the same. Every client comes to me with unique needs.
New York Estate Planning Attorney Dedicated to Your Unique Needs
Estate Tax Planning
New York and federal estate taxes can take a significant portion of your assets away from the people you leave behind. The right estate plan can avoid unnecessary estate taxes and protect your assets.
Family Life Changes
Whether you are recently married, divorced, or have begun a second marriage, your estate plan needs to reflect your current situation and wishes. Our trusted NY estate planning attorney will help you protect your children and spouse from complications that can arise.
Property in Multiple States
If you own property in multiple states, your heirs may be required to probate your estate in each state in which you own property. The process may take over a year. The result can be the inability to sell the property quickly, a delay in paying a potential estate tax (resulting in a fine), and high legal fees. Planning can simplify this process by finding the right ways to avoid the need to admit your will to probate. Let our proven New York estate planning attorney help you.
Avoiding Probate
The probate process is expensive, and estates can be difficult to administer. Planning ahead can save your loved ones the burden of a lengthy probate process.
Asset Protection
The cost of long-term care is extraordinarily high. If you or your spouse requires the assistance of a home health aide or needs to reside in a nursing home, how will you pay for the care and afford to live in your home? Would you rather your life savings be spent on your care or be passed down to your heirs? Planning can ensure that you will receive the care you need and that your assets are protected.
Providing for Disabled Children
Children with autism, Down syndrome, or other developmental disabilities often receive government benefits. The right estate plan from a skilled estate planning attorney in New York can provide for your child while maintaining his or her eligibility for these benefits.
Establishing Guardianship for Minor Children
If you pass away, who will care for your child? Your Last Will & Testament needs to appoint a person you trust to be your child’s guardian to avoid a potential legal contest between surviving family members.
Same-Sex Couples
Same-sex partners do not receive the same legal treatment in New York as married couples. Therefore, planning is even more vital. A Last Will & Testament can help you control to whom your assets are distributed upon your passing. Also, a Durable Power of Attorney and Health Care Proxy will ensure that your partner has the legal authority to manage your affairs and make health care decisions for you if you cannot make them for yourself.
Talk to Our New York Estate Planning Attorney About Your Options
Frequently Asked Questions
What Does an Estate Planning Lawyer in New York Do?
An estate planning lawyer works with individuals and families to create a plan for managing their affairs during their lifetime and after death. This includes drafting wills, establishing trusts, preparing powers of attorney, and setting up advance health care directives. They also help with strategies to reduce taxes, protect assets, and ensure your wishes are followed. Because laws vary from state to state, working with an estate planning attorney in New York ensures your documents comply with New York’s specific legal requirements.
When Should Someone Start the Estate Planning Process?
The ideal time to begin is before you think you “need” it. Major life events such as marriage, divorce, the birth of a child, or purchasing property are strong indicators that it’s time to put a plan in place. Starting early allows for more options, especially for tax planning or Medicaid eligibility. A consultation with an attorney can clarify your options and help you make informed decisions without undue stress.
What Are Common Mistakes People Make?
One of the most frequent mistakes is failing to update documents after a life event. Others include not planning for incapacity and assuming a will alone is sufficient to avoid probate. These oversights can lead to legal disputes and additional costs. An experienced NY estate planning attorney helps clients avoid these common pitfalls to ensure the outcomes align with their wishes.
How Often Should an Estate Plan Be Updated?
A good rule is to review your documents every three to five years, or sooner if your circumstances change significantly. Changes in the law can also impact your plan. Regular updates keep your instructions current and legally enforceable.
Is Probate Always Necessary?
No. Probate is only needed in some situations. If you share ownership of property, have accounts with named beneficiaries, or place assets in a trust, those usually avoid the process. However, probate will likely be necessary if something is in your name alone and you haven’t listed who should receive it.
What Is a Health Care Proxy and Why Do I Need One?
A healthcare proxy is a legal document that names someone to make medical decisions on your behalf if you cannot communicate your preferences. Without it, the court or state law may determine who has decision-making authority, which may not align with your wishes. This document can also specify the types of care you do or do not want.
Can I Create an Estate Plan Without an Estate Planning Lawyer in New York?
While online templates and forms are available, estate planning involves complex legal requirements that vary by state. Mistakes in execution or wording can render a document invalid. An estate planning lawyer in New York provides professional guidance that minimizes the risk of these errors and ensures the plan complies with all necessary legal standards.
What Is Medicaid Planning?
Medicaid planning involves arranging your finances and assets to qualify for government assistance for long-term care without losing your life savings. It can include creating specific types of trusts, restructuring ownership, or strategically spending down assets to achieve these goals. Planning can make a significant difference in preserving resources for your family.
What Happens If I Own Property in Multiple States?
You may face separate probate proceedings in each state where you own real estate. This can be expensive and time-consuming for your heirs. Specific planning tools like revocable living trusts can help avoid multiple probates and simplify property transfers.
What Is the Difference Between a Will and a Trust?
A will directs how your assets will be distributed after death and usually goes through probate. A trust can manage assets during your lifetime and transfer them upon your death, often without needing probate. Trusts can also offer privacy and quicker distribution to beneficiaries.
Do I Need an Estate Plan If I Don’t Have Anything Valuable?
Estate planning isn’t only about money. It also determines who will manage your affairs, make medical decisions, and care for dependents if you cannot do so. Without a plan, those decisions are left to the court, which may not match your personal preferences.
What Is a Power of Attorney?
A power of attorney is a document that gives someone authority to act on your behalf in financial matters. This could include paying bills, managing investments, or selling property. Without it, your loved ones may have to seek court approval to handle these tasks.
Can an Estate Plan Prevent Family Conflicts?
Yes. When instructions are clear and legally valid, there is less room for misunderstandings or disputes among relatives, reducing stress for your family during an already difficult time.
How Can Charitable Giving Be Incorporated?
You can leave charitable gifts in your will, designate a charity as a beneficiary of an account, or establish a trust to provide ongoing support. Planning these gifts ensures they are followed according to your wishes and may offer tax advantages.
I would like to thank the Law Office of Andrew M. Lamkin for their phenomenal service. From the first day, we sat down with Andrew, his knowledge of estate planning put us at ease. Elder care planning can be quite confusing but Andrew took the time to explain everything to us in detail. Having a social worker experienced with nursing homes and homecare was a huge plus as well. Not only did we get the Medicaid application approved for our father, but Blayne walked us through the entire home care process. Our dad now receives home care 7 days a week, thus lessening the burden on us and mom. Watching parents age is scary but having an experienced lawyer with a knowledgeable and compassionate team makes everything easier. I would highly recommend the Law Office of Andrew M. Lamkin.
F.C., Levittown, NY
Contact Our NY Estate Planning Attorney Today
Contact attorney Andrew M. Lankin online to schedule an appointment with a highly experienced New York estate planning attorney. Whether you’re planning for the future or navigating complex estate matters, I am here to provide the personalized legal guidance you need. With years of experience, I will work closely with you to ensure your wishes are honored and your loved ones are protected. I offer flexible meeting options and can meet with you at your home or my office to accommodate your needs and schedule.
Our firm also handles other types of cases, including:
- Elder legal matters
- Medicaid case
- Probate matters
- Estate litigation matters
- Special needs matters
- Advanced directives
- Wills and Trusts
- Real Estate transactions
Take the first step towards securing your family’s future—contact our office today for a free consultation.