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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

Wills and trusts are vital components of good estate planning. Although both share the ultimate goal of distributing your property after you die, each has its own unique advantages and disadvantages.

Wills

A will is a formal way of declaring how you would like your property to be dealt with after your death. It covers any property that is in your name only, and goes into effect when you die. Because probate proceedings are public, your will becomes part of the public record.

Why You Need a Will

If you have an opinion over who will take your money, property, and children if you die, then you need a will. Having a will also helps to minimize any conflicts between your surviving family members over your estate. You can also use your will to:

  • Disinherit people who would otherwise stand to receive a part of your estate, such as an estranged family member or an ex-spouse
  • Donate part of your estate to charity
  • Name a guardian for your children
  • Designate who will take care of your pets

What Happens if You Die Without a Will?

When a person dies without a will, he or she is considered to have died “intestate.” In this situation, the decedent’s estate is divided under New York State’s intestacy laws. These are laws of succession that determine who gets a portion of the assets and in what order, and they depend on the relationships of surviving family members to the deceased:

  • Spouse, no children: the surviving spouse inherits the estate
  • Children, no spouse: the surviving children inherit the estate
  • Spouse and children: the surviving spouse receives the first $50,000 of the estate, and then splits the remainder with the children

If the deceased is not survived by a spouse or children, the estate will go to other family members, such as parents, siblings, nieces, or nephews. If the deceased has no surviving family members, the State of New York will receive the estate.

What Doesn’t a Will Do?

Although a will is a crucial document in estate planning, it does have some limitations. The following are some examples of things a will cannot do:

  • Leave money to pets
  • Arrange for long-term care of a person
  • State funeral preferences
  • Leave property held jointly with others

Trusts

There is a common misconception that trusts are only for the extremely wealthy. That is most definitely not the case. Trusts boast a number of advantages, including:

  • Faster distribution of assets, because trusts do not pass through probate
  • Confidentiality
  • The ability to designate trust funds to support yourself, should you become disabled

What is a Living Trust?

A living trust is a document that permits you to place assets into the ownership of a trust while you are still living. You may continue to use those assets during your lifetime even though they are owned by the trust.

Living trusts have become extremely popular because they offer a number of benefits. Because a living trust does not have to go through probate, it avoids the extra costs and delays associated with probating a will. The property in a living trust can be distributed soon after your death, or at a later date of your choosing, such as when children reach a certain age or on a beneficiary’s birthday.

Remember that a living trust only controls the assets that you transfer into it. If you forget something, it will not be distributed according to your wishes. This is why most estate attorneys recommend that you also have a will to govern the distribution of any assets that are not part of your trust.

Get Help from an Experienced Will and Trust Attorney

Estate planning can be complicated, but it doesn’t have to be overwhelming. When you are ready to begin crafting your estate plan, contact the law offices of Winkler Kurtz, LLP for expert advice and dedicated representation. With over 30 years of experience guiding clients through the establishment of wills and trusts, our Long Island will and trust lawyers have the knowledge and skill to protect and preserve your assets. Please contact our office today at 631-928-8000 or contact us online to set up a complimentary initial consultation.

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Practice Areas

  • Personal Injury Lawyer On Long Island
  • Divorce & Family Law
  • Long Island Medical Malpractice Lawyer
  • Trusts & Estates
  • Real Estate

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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11776

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