Every adult should be well informed about proper estate planning issues. If a person does not put his or her estate affairs in order, New York State laws will dictate how the assets of a deceased person will be distributed. Often times, these rules of law do not conform with the person's wishes. Barry has the knowledge and experience to assist his clients with their estate planning needs in the following areas:
- Preparation and execution of wills directing the disposition of assets – A will insures that an individual's wishes are carried out and are not left to the mandatory laws of New York State that exist for the distribution of assets in the absence of a will.
- Living wills, health care proxies, durable powers of attorney, guardian and visitation designations – A Living Will specifies that if a situation arises where there is no reasonable expectation for a person's recovery from extreme physical or mental disability, he or she directs not to be kept alive by artificial means, life support equipment or "heroic measures". It further specifies that medication can be mercifully administered to alleviate suffering. A "Health Care Proxy" permits an individual to appoint a health care agent to make any and all health care decisions to the extent the individual specifies in the document. A Durable Power of Attorney authorizes a designated agent to take care of an individual's personal affairs in the event he or she suffers either a physical and/or mental incapacity and does not become effective until the incapacity of the person issuing the power arises. Appointing a guardian arises in instances where an individual is concerned about a relative, partner or friend who is incapacitated. An application is made to the court by the concerned individual to be appointed as a Guardian so that he or she is able to represent the interests of the alleged incapacitated person.
- Represents executors and administrators in being appointed by the Surrogate's Court of the county where the deceased individual resided and carrying out their fiduciary responsibilities on behalf of the estate.
- Representation of beneficiaries, administrators, executors, proponents and those who raise objections in will contest suits and all aspects of estate litigation.