AV Preeminent Peer Rated Attorneys
Canton Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
AV Preeminent Peer Rated Attorneys
Canton Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Canton Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).

Lekki Hill Duprey & Whitton, PC

  • 21 Court St., Canton, NY 13617

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Law Office of Maureen C. Mcgaw

  • 51 Miner St., Canton, NY 13617-1258

Nash, Palm & LeMay

  • 113 Main St., Canton, NY 13617

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Clements & Ducharme, P.C.

  • 2 Judson Street, Canton, NY 13617

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Looking for Estate Planning Lawyers in Canton?

Estate planning attorneys help individuals prepare for the management and distribution of their assets after death or incapacitation. They create legal documents such as wills, trusts, powers of attorney, and healthcare directives. Their work ensures a client’s wishes are honored, minimizes potential taxes, and simplifies the process for their loved ones.

About our Estate Planning Lawyers Ratings

The average lawyer rating is created by peers based on legal expertise, ethical standards, quality of service, and relationship skills. Recommendations are made by real clients.

CLIENT RECOMMENDED
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4.2

2 Peer Reviews

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Commonly Asked Estate Planning Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

Would judges follow a signed will over one that was not?

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Answered by attorney Donald Keith Broad (Unclaimed Profile)
Estate Planning lawyer at Broad Law Firm, LLC
In Indiana, if the 2010 Will is unsigned or not properly executed (in front of two witnesses) and the 2007 Will is signed and properly executed, then the Court will allow the 2007 Will to control.
In Indiana, if the 2010 Will is unsigned or not properly executed (in front of two witnesses) and the 2007 Will is signed and properly executed, then the Court will allow the 2007 Will to control.
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How do I go about changing the name of my legal guardian on my will?

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Answered by attorney Brian Haggerty (Unclaimed Profile)
Estate Planning lawyer at Minor, Bandonis & Haggerty P.C.
First, the nomination of a guardian in your will (and I assume you mean a guardian for your children, if you pass away) is just your nomination, it's not binding on the court. The natural father will have the "inside track" at getting custody of the children. If someone is to get guardianship, they will have to petition the court to be named guardian. So, for this change only, it might be okay to create a new document that says, "I nominated X as guardian for my children in my will. I have changed my mind. I now wish to nominate Y as guardian." Sign that in the presence of two witnesses, at least one of whom will be able to appear in the guardianship proceeding. Date it. Keep it with your will. Do not make any marks on the original will. You can't change it by marking it up; you may revoke it. That's my suggestion. I haven't done any legal research, this is just an answer on a website. No lawyer-client relationship is created. Estate planning is not that expensive, and you might be able to find a lawyer in your area willing to let you pay over time. A good, lawyer-created estate plan is better, and since you'll be gone when your will needs to "speak," you want it to be right.
First, the nomination of a guardian in your will (and I assume you mean a guardian for your children, if you pass away) is just your nomination, it's not binding on the court. The natural father will have the "inside track" at getting custody of the children. If someone is to get guardianship, they will have to petition the court to be named guardian. So, for this change only, it might be okay to create a new document that says, "I nominated X as guardian for my children in my will. I have changed my mind. I now wish to nominate Y as guardian." Sign that in the presence of two witnesses, at least one of whom will be able to appear in the guardianship proceeding. Date it. Keep it with your will. Do not make any marks on the original will. You can't change it by marking it up; you may revoke it. That's my suggestion. I haven't done any legal research, this is just an answer on a website. No lawyer-client relationship is created. Estate planning is not that expensive, and you might be able to find a lawyer in your area willing to let you pay over time. A good, lawyer-created estate plan is better, and since you'll be gone when your will needs to "speak," you want it to be right.
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Will the Inbetween lawyer be allowed to look at bank statements s?

Lori Nevias
Answered by attorney Lori Nevias
Estate Planning lawyer at Lori Nevias, Attorney at Law
"They said the court may appoint a lawyer"... who is "they"?  Your father's widow? Has she hired her own lawyer?  A better question to ask rather than "what is the job of this extra lawyer" is, do you understand what your job is as executor?  It doesn't seem that you do because if you did, you wouldn't be asking whether the court will ask you to look at bank statements. It's your job to open an estate bank account, be in charge of that account (which includes looking at bank statements), marshall the assets of the estate (which include the car accident settlement), and file an accounting with the court, which should hopefully be consented to by all distributees, and which shows that the assets will be distributed as per your father's will. You need to immediately hire a lawyer who will see that the estate is settled properly. If you don't, and you're not following the proper procedures to settle the estate, and the widow is too disabled to take on the role of executor, if she's hired an attorney, her attorney might petition the court to have you removed as executor and appoint an outside lawyer to oversee settlement of the estate. Don't let that happen, because that attorney's legal fees will be paid from the assets of the estate, and that will diminish the assets of the estate, and you will have no control over those fees.
"They said the court may appoint a lawyer"... who is "they"?  Your father's widow? Has she hired her own lawyer?  A better question to ask rather than "what is the job of this extra lawyer" is, do you understand what your job is as executor?  It doesn't seem that you do because if you did, you wouldn't be asking whether the court will ask you to look at bank statements. It's your job to open an estate bank account, be in charge of that account (which includes looking at bank statements), marshall the assets of the estate (which include the car accident settlement), and file an accounting with the court, which should hopefully be consented to by all distributees, and which shows that the assets will be distributed as per your father's will. You need to immediately hire a lawyer who will see that the estate is settled properly. If you don't, and you're not following the proper procedures to settle the estate, and the widow is too disabled to take on the role of executor, if she's hired an attorney, her attorney might petition the court to have you removed as executor and appoint an outside lawyer to oversee settlement of the estate. Don't let that happen, because that attorney's legal fees will be paid from the assets of the estate, and that will diminish the assets of the estate, and you will have no control over those fees.
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