Rochester Estate Planning & Probate Attorneys

FAQ: Estate Planning Services at Barron, Rosenberg, Mayoras & Mayoras P.C.

1. What is estate planning, and why is it important?
Estate planning involves organizing your assets and creating legal documents like wills and trusts to determine how they will be managed or distributed after your passing. It ensures your wishes are honored, minimizes taxes, avoids probate delays, and provides financial security for your loved ones.

2. Do I need a lawyer to create a will?
While it’s possible to draft a will on your own, working with an experienced estate planning attorney ensures that your will complies with state laws, is legally enforceable, and minimizes the risk of disputes among beneficiaries.

3. What’s the difference between a will and a living trust?
A will takes effect after your death and outlines how your assets will be distributed. A living trust becomes effective immediately upon creation, allowing you to transfer assets to beneficiaries without going through probate, which can save time and money.

4. How can estate planning reduce taxes?
By setting up trusts, making charitable donations, and utilizing tax exemptions, estate planning strategies can minimize estate taxes and preserve more of your wealth for your beneficiaries.

5. What is probate, and how can I avoid it?
Probate is the legal process of validating a will and distributing assets. It can be time-consuming and costly. You can avoid probate by creating a living trust or ensuring that certain assets are titled to pass directly to beneficiaries.

6. How does Medicaid planning factor into estate planning?
Medicaid planning helps you qualify for Medicaid benefits to cover long-term care costs while protecting your assets. Our attorneys can guide you through this process to ensure compliance and financial security.

7. Can estate planning provide for special needs dependents?
Yes. Setting up a special needs trust ensures that dependents with disabilities are financially supported without jeopardizing their eligibility for government assistance programs.

8. How often should I update my estate plan?
You should review and update your estate plan after significant life events such as marriage, divorce, the birth of a child, or changes in financial circumstances. Regular reviews every few years are also recommended.

9. What happens if I pass away without an estate plan?
If you die without a will or trust, your assets will be distributed according to state intestacy laws, which may not align with your wishes. This can lead to family disputes and lengthy legal processes.

10. How do I get started with estate planning?
Contact us at Barron, Rosenberg, Mayoras & Mayoras P.C. to schedule a consultation. Our experienced team will guide you through the process, answer your questions, and create a plan tailored to your needs.

Reliable Probate Lawyers at Your Service

After a person passes away, their will usually must pass through probate. During the probate process, the will is authenticated and validated before the assets in the estate can be distributed following its instructions. Debts owed by the decedent must also be settled before inheritances are distributed. Probate can be a burdensome legal process when interested parties and beneficiaries disagree on the instructions left by the decedent or contest an inheritance.

We take on probate cases involving:

• Asset ownership disputes
• Will contests
• Out-of-state representation
• Debtors and creditors
• Breach of contract
• Claims against fiduciaries

Speak to Our Effective & Compassionate Legal Team Today

Our attorneys know that planning ahead today leads to peace of mind for the future. If you want to avoid will disputes in the future and arguments over your assets, then you need to reach out to Barron, Rosenberg, Mayoras & Mayoras P.C. so we can provide you with the competitive advantages that could make the difference in the outcome of your case.