What Happens if someone dies without a Will? 

Click here to read more about intestate succession (ie. dieing without a will). 

What is involved with creating a will? 

You'll need to decide the best way to distribute your assets after death.  If you're married, one spouse often leaves everything to the other, or divides everything amongst the surviving children equally.  If you're not married, then there may be some special people you have in mind.  But there are many variations! You'll need to choose a reliable and trustworthy executor, trustee, and/or guardian. We'll explain everything, in person (the coffee is free), over the phone, and/or online. Then we'll meet with you to have the document signed (at my office or at another location if necessary). 

Call for a consultation any hour of the day or night to speak to a live receptionist (or leave voicemail after hours) or fire off an email for a fast response at friedlawyer@aol.com

Are there other documents I'll need ? 

Yes. You may also need a durable power of attorney and/or health care proxy prepared when you make your will, at moderate additional cost. 

What does all this cost? 

The price of a will depends upon your particular situation. Most wills can be prepared in a short amount of time at a reasonable cost. Why buy software or use online preparation services when you can have the advice of an attorney for just a few dollars more (without spending a lot of your own precious time filling in forms and figuring out the details on your own)? The best things in life are free, but not when it comes to making a will! 

The cost of NOT having a will? 

Leaving your beneficiaries behind without a will detailing your intentions can be frustrating and expensive for them.  Oftentimes lawyers will be needed to straighten out any misunderstandings between family members and friends in a court of law. Of course, some people will sue each other even if you leave a valid will behind, but typically, people will respect your wishes if they are spelled out in writing, in an instrument which meets with the formalities of state law.

Does a will cover everything?

No.  Some of the things you own, such as life insurance and retirement accounts, should pass under existing beneficiary clauses in those plans.  Make sure your beneficiary provisions are up to date by calling your insurance agent or plan administrator.  But remember--in some relatively rare instances you may want these assets to pass through your will or a separate instrument known as a trust.  You can discuss these options with your lawyer.

Is avoiding probate important?

The probate process is designed to help you.  Contrary to popular belief, the probate process is fast and inexpensive in the vast majority of cases.  Based on some false advertising and fear mongering, some “professionals” will try to convince you to make an elaborate and expensive living trust solely for the purpose of avoiding probate.  These trusts may help those so-called experts become wealthy, but they won’t save you a dime.  Buyer beware!  Of course, there are times when a trust can save your beneficiaries thousands of dollars in estate taxes.  But this usually only applies to higher net-worth individuals. 

Contact us to discuss your situation over the phone or by email.  We can give you an estimate in most cases.

Our New Phone Number

732 603-1115

Our New Phone Number

732 603-1115

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