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Winkler Kurtz LLP

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  • Home
  • About Us
    • Attorneys
      • James R. Winkler
      • Richard D. Winkler
      • Jason W. Hake
      • Lindsey M. Albinski
      • Janet L. O’Hanlon
      • David S. Pollack
      • Daniel E. Brickley
  • Practice Areas
    • Personal Injury
      • Motor Vehicle Accidents
        • Long Island Car Accidents
        • Trucking Accidents
        • Motorcycle Accidents
        • Pedestrian Accidents
        • Serious Injuries
      • Workplace Injuries
        • Scaffolding and Ladder Falls
        • Struck By Object
        • Machinery / Equipment Injuries
        • Construction Accidents
      • Medical Malpractice
        • Birth Injuries
        • Brain Injuries
        • Misdiagnosis
        • Wrongful Death
        • Surgical Errors
        • Hospital Negligence
        • Failure to Diagnose
      • Slip and Fall Injuries
      • Wrongful Death
    • Divorce & Family Law
      • Child Custody & Visitation
      • Divorce Mediation
      • Equitable Distribution
      • Child Support
      • Orders of Protection
      • Spousal Support
      • Divorce & Family Law FAQ
    • Wills Trusts & Estates
      • Estate Planning
      • Elder Law
      • Powers of Attorney
      • Probate
      • Estate Administration
      • Wills & Trusts
      • Wills & Trusts FAQ
    • Real Estate
  • Case Results
  • Testimonials
  • Contact Us

Wills, Trusts, and Estates FAQ

Most people have questions about estate planning, especially around the use of wills and trusts. If you have a question that is not covered in these FAQs or would like further information, please contact the estate planning attorneys at Winkler Kurtz , LLP discuss your unique needs.


What are the benefits of a living trust?

A trust avoids probate and maintains confidentiality for your beneficiaries. You may also use the assets within the trust during your lifetime, and designate funds to provide for yourself if you should become disabled.


What are the downsides of a living trust?

A trust only controls the assets that you transfer into it. Should you neglect to transfer property, the beneficiaries of your trust will not receive access to that property when you die.


If I have a living trust, do I need a will?

Most estate attorneys agree that if you have a living trust, you should also have a will.


What is the difference between a living trust and a will?

A will provides instructions about how all your assets will be distributed after you die. A living trust functions while you are living and after you die, and only allows management of the specific assets that you transfer into it.


When is probate necessary?

In New York State, a will must be probated if the person who died had assets of $30,000 or more.


What does the executor of an estate do?

The executor of an estate is responsible for inventorying and managing the deceased’s property, making sure all debts and taxes are paid, and distributing the remainder to the appropriate inheritors.


What is a living will?

A living will is a document in which you state your preferences for end-of-life medical care. It may also be known as a health care directive, medical directive, or advance directive.


Who has to pay the deceased’s debts?

Generally, the decedent’s estate is responsible for any debts. If there is not enough in the estate, the debts will typically go unpaid.


How do I get started planning my estate?

When you are ready to begin planning for your family, please call (631) 928-8000 or contact the Long Island estate planning attorneys at Winkler Kurtz, LLP. With decades of experience helping clients make informed and confident decisions, we have the skill and knowledge to ensure your assets and your loved ones are protected. We look forward to your call.

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Practice Areas

  • Personal Injury Lawyer On Long Island
  • Divorce & Family Law
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Client Testimonials

I cannot say enough about Rich and his staff. Everyone was more than accommodating from day one. You are treated like you matter, and not just another case for their firm. Rich offers advice every step of the way to get the most out of your case while still letting YOU choose which options are best. Coming from someone who has dealt with other attorneys, none compare to Mr. Winkler. His knowledge, and attitude are second to none. I would recommend Rich to anyone with an accident case. Believe me, you are in good hands. Thank you Rich and staff. Could not have asked for more!!

- Rob Pearsall

To Whom It May Concern, I’m a union painter and was badly hurt when I was involved in a workplace accident on a job site in Manhattan. I hired Richard Winkler to represent me and they have been great. He and his staff keep me informed and are making sure that I can continue to be able to feed my family and to keep everything going, they are on my side no doubt about it. Needless to say this didn’t go unnoticed to my family. Visiting the office was always a positive experience both welcoming and professional. I would recommend this firm to anyone in need of caring compassionate legal representation.

- Michael Brunner

Winkler Kurtz LLP is an amazingly knowledgeable and professional law firm. The staff is extremely intelligent and personable. With great guidance will support you through each step of your case and treat you with personal attention. Highly recommend this law firm – they go out of their way to make you a winner!

- Elissa Rand

The experience that I got from Richard Winkler was absolutely the best, In the beginning I was hesitant because you hear of bad stories about attorneys, but the turning point for me was when the most amazing, caring, person sat down and explained everything to me Mr. Winkler’s paralegal Dana Randazzo. This team answered all my phone calls handled all my paperwork in a quick manner there were never any surprises and they were on top of everything with the insurance companies and anything else associated to my case I highly recommend this law firm to anyone you will not be disappointed and I just wanted to say thank you for all that you have done for me Mr Winkler!

- Anthony Detorre

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Winkler Kurtz, LLP
1201 Route 112, Suite 200
Port Jefferson Station, NY
11776

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