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Common Questions

Answers before
you call

These are the questions we are asked most often. If yours is not here, that is what the initial consultation is for.

Nothing on this page is legal advice, and every situation has details that change the answer.

(914) 323-8052

01

Estate Planning

Do I really need a will or a trust?

If you own property, have children, or want a say in how your assets are distributed, then yes. Without a plan, New York State decides for you through a process called intestacy, and the result rarely matches what families actually intend. Whether a will alone is enough or a trust makes more sense depends on what you own and what you are trying to accomplish, which is exactly what the initial consultation covers.

What is the difference between a will and a trust?

A will takes effect when you die and goes through probate, the court process that validates it. A trust takes effect when you create and fund it, and assets held in it generally pass outside probate. That means a trust can be faster, more private, and more useful if you want a say in how assets are managed over time. A will is still essential for naming a guardian for minor children and for catching anything not otherwise covered.

Who should I name as executor or trustee?

Someone organized, trustworthy, and willing to serve. Many people choose a spouse, an adult child, or a sibling. You can also name a professional or corporate trustee, which can make sense where the estate is complex or where you want to avoid putting a family member in an awkward position. We will talk through the trade-offs before you decide.

How often should an estate plan be reviewed?

Every three to five years, and immediately after any major life change: a marriage, a divorce, a birth, a death in the family, a significant change in assets, a move to another state, or a new business. An outdated plan can quietly produce an outcome nobody intended, which is the most common problem we see.

Can I plan for a blended family?

Yes, and it requires particular care. The goal is usually to provide for a surviving spouse while still ensuring that your own children ultimately receive what you intend. Trusts are often the right tool here, because they let you set the terms rather than leaving the result to default rules.

02

Probate and Estate Administration

What is probate, exactly?

Probate is the court process that validates a will and formally authorizes the executor to act on behalf of the estate. It involves filing the will and a petition, giving notice to heirs and creditors, settling debts, and eventually distributing what remains. It is procedural rather than adversarial in most cases, but it does take time and it has deadlines.

What happens if someone dies without a will?

That is an administration proceeding rather than probate. The court appoints an administrator, usually the closest surviving relative, and assets are distributed according to New York's intestacy rules. Those rules do not account for your relationships or your wishes, which is why having a will matters. We can petition for you and manage the estate through to distribution.

How long does probate take in New York?

It varies considerably. A straightforward estate with a clear will and cooperative heirs can often be completed in several months. Contested matters, unclear assets, or estates involving real property in more than one state take longer. We will give you a realistic estimate once we have reviewed the situation rather than a number pulled from a general rule.

Do I need an attorney to be an executor?

Legally, you can serve without one. Practically, most people do involve an attorney, because executors are personally responsible for filing correctly and within deadlines, and they are usually doing this for the first time while also grieving. Our role is to carry the procedural work so you can focus on your family.

Does everything have to go through probate?

No. Assets that pass by beneficiary designation, such as life insurance and retirement accounts, and assets held in a properly funded trust, generally pass outside probate. Jointly held property may also pass directly to the surviving owner. Part of our review is identifying what actually needs to go through the process.

03

Real Estate

Do I need an attorney to buy or sell a home in New York?

It is not legally required in every transaction, but it is strongly advisable. New York residential contracts are binding once signed, and there is a limited window to raise objections. An attorney reviews the contract, examines title, and attends the closing, which is real protection on what is usually the largest financial transaction of a person's life.

When should I bring in an attorney during a purchase?

Ideally before you sign the contract of sale. That is the point where terms can still be negotiated, including the down payment amount, the closing timeline, and what happens if financing falls through. Once the contract is signed by both sides, the terms are largely fixed.

What does a title examination involve?

We review the public record to confirm what is actually being sold and whether anyone else has a claim on it. That includes checking for unresolved liens, judgments, easements, boundary disputes, and open permits. The goal is to find problems before closing, when they can still be resolved or negotiated, rather than afterward.

Do you handle co-op and condo purchases?

Yes. Co-ops and condos each have their own complications, including board approval processes, offering plans, and building-specific requirements. Co-op purchases in particular involve a review of the proprietary lease and the building's financials, which is different from a standard house purchase.

Do you represent clients in Connecticut?

We handle matters in New York and Connecticut, which is useful if you own property or are considering a purchase on either side of the border. Where the property sits determines which state's procedures apply, and we will tell you plainly at the outset where we can assist.

04

Working With the Firm

How much does an initial consultation cost?

Nothing. Your first consultation carries no charge, whether you are exploring estate planning, dealing with a probate matter, or buying or selling a home. There is no obligation to retain the firm afterward.

What should I bring to my first meeting?

Anything you already have. Existing wills, trusts, deeds, powers of attorney, and a general sense of what you own and who depends on you. If you have nothing prepared yet, that is completely fine and quite common. We will work from where you are.

How are your fees structured?

It depends on the matter. Estate planning is typically a flat fee quoted up front so there are no surprises. Real estate closings are also usually handled on a set fee. Probate and estate administration can be flat fee or hourly depending on the complexity. You will know the cost before you commit to anything.

Is what I tell you confidential?

Yes. Communications with an attorney for the purpose of seeking legal advice are privileged. Your financial circumstances and family situation are handled with discretion. Note that submitting a form through this website does not by itself create an attorney-client relationship, which begins when we are formally engaged.

Where is your office, and do you meet remotely?

The office is at 15 Pleasantville Road in Ossining, New York. Many matters can be handled by phone or video, and documents can be reviewed and signed with arrangements that accommodate your schedule. Ask us when you call and we will find a format that works.

Still have a question?

Ask it in person. The initial consultation carries no charge and there is no obligation to retain us.