25 Lucas Avenue
Kingston, NY 12401
P (845) 339-6903
F (845) 339-6916
One West Bridge Street, P.O. Box 240
Saugerties, NY 12477
P (845) 246-9596
F (845) 246-5460
1539 Crescent Road, P.O. Box 5375
Clifton Park, NY 12065
P (518) 982-0774
F (518) 982-0775
Frequently Asked Questions
Estate Planning
Q. Do I need a will?
A. Yes. Unfortunately, at some point in our lives we will all have to deal with our own death. You can either prepare for it by having a will done, including a power of attorney, a living will and health care proxy, or you can leave it up to a court to determine what your wishes were. First, if you die without a will, the assets in your name, in most instances, will be distributed by a court-appointed administrator among your family members pursuant to a statutorily fixed priority. This distribution of your assets may very well differ from the distribution you desire. A properly drafted will can enable you to direct the distribution of your assets in accordance with your wishes.

Second, if you die without a will and leave young children, the court will appoint a guardian to manage your minor child’s share of your assets until they reach the legal adult age of 18. The court will also appoint a guardian of the person of your child until that child reaches the age of 18. With a properly drafted will, you can provide the court with guidance as to who you desire to be the guardian of your minor children rather than leaving up to the court to decide without knowing your wishes.

Third, a will determines who will oversee the administration and distribution of your property.

At The Hrdlicka Law Firm, PLLC we can represent you and guide you through this process and make sure that the proper documents are being prepared for you and based upon your wishes.

 

*While the above information may help to answer some questions, every case has its own unique facts and circumstances and should be thoroughly reviewed in detail with your attorney.



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