Albany Estate Planning Lawyer

If you die intestate (without a valid will) in New York, your estate is distributed according to EPTL § 4-1.1. Assets pass to your closest relatives in a fixed statutory order — spouse, then children, then parents, then siblings. If you have a spouse and children, New York's intestacy formula may not allocate assets the way you intended, and it cannot account for specific bequests or the particular needs of individual family members.

Seraj Law charges flat fees for estate planning. The fee depends on the estate plan you choose in your meeting with the attorney, whether that is a will-based plan (will, healthcare proxy, and living will) or a trust-based plan (revocable living trust, pour-over will, power of attorney, healthcare proxy, and living will). You receive a quote before we begin, and there is no hourly billing for standard estate planning documents.

Probate is the court process by which a will is validated and an executor is authorized to administer the estate. In New York, probate proceedings are filed with Albany County Surrogate's Court for residents of Albany County. The process can take months and involves court fees and attorney fees. A properly funded revocable living trust allows assets to transfer to beneficiaries outside of probate, avoiding both the delay and the public nature of the Surrogate's Court process.

For many families, a will — combined with beneficiary designations on retirement accounts and life insurance — provides adequate estate planning. A trust adds significant value when privacy is important (wills are public records; trusts are not), when the estate includes real property in multiple states, when you have minor children or beneficiaries with special needs, or when the size of the estate warrants more sophisticated planning. We assess your situation and recommend the structure that fits your goals.

An attorney can help you understand eligibility requirements, protect assets through legal strategies like irrevocable trusts, navigate the application process, address lookback periods and transfer penalties, preserve spousal resources, and plan for long-term care needs while maintaining benefit eligibility. Starting Medicaid planning early provides more options and better outcomes. An attorney can help you balance the need for future care with your desire to preserve assets for your family.

Estate plans should evolve with your life circumstances. Consider reviewing your plan after major life events such as marriage or divorce, birth or adoption of children, death of beneficiaries or fiduciaries, significant changes in assets or debts, relocation to another state, changes in tax laws, diagnosis of serious illness, or changes in family relationships. Even without major changes, reviewing your plan every 3-5 years ensures it remains aligned with your current wishes and circumstances. Regular updates are much simpler and less expensive than completely redoing an outdated plan.

An executor (sometimes called a personal representative) is the individual or institution you name in your will to manage your estate after your passing. Their responsibilities typically include locating your will, filing it with the probate court, inventorying your assets, paying any debts and taxes, and distributing the remaining assets to your beneficiaries according to your wishes. It's a significant role, requiring trustworthiness and attention to detail. Choosing the right executor is a critical decision in your estate plan, as they will be responsible for ensuring your final wishes are carried out properly.