Each state has laws that control who gets your assets if you pass without a Will.

A Will allows you to specify what happens to your assets at your death. In addition to a Will, many people transfer assets before they pass through one or more lifetime (intervivos) trusts. Most Wills set up a trust that starts when the Will is probated (filed with the court). This type of trust is called a “Testamentary Trust”.

A Will also permits you to specify who gets custody of your minor children if you die before they become adults under your state law. This is the reason that it is very important for new parents to have Wills prepared.

The person who is asked to probate the Will (meaning file it with court), is called the Executor (male) or Executrix (female).

Many assets are passed to others without the need for a Will. For example, property held with another as joint tenants or tenants by the entirety, pass to the survivor by operation of law. If title is held as Tenant in Common, the interest will NOT be passed by operation of law; if a Will is not prepared, executed and probated, that property will pass based upon the law where the real property is located.

I prepare Wills for individuals who reside in either New York or Florida.

I have substantial experience dealing with the complex issues involved in representing both custodial and non-custodial single parents.