AV Preeminent Peer Rated Attorneys
Dunkirk 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
Dunkirk Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Dunkirk 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).

Charles J. Hannum

  • 10475 Shore Acres, Dunkirk, NY 14048-9630

Law Offices of Michael Robert Cerrie

  • Dunkirk, NY 14048-0287

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Looking for Estate Planning Lawyers in Dunkirk?

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.

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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.

How do I leave everything to my kids?

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Answered by attorney Brian Haggerty (Unclaimed Profile)
Estate Planning lawyer at Minor, Bandonis & Haggerty P.C.
The personal things you should give to your kids during your lifetime. You can create a will that leaves all to your kids, but your spouse will have the right to "elect against the will" when you pass away, claiming her elective share of your estate, which is based on the length of time you have been married. If you disclaim the inheritance from your mother it will pass as though you had died before her which may work, but you cannot change the way the property passes if you disclaim. You could ask your mother to leave the property to your kids.
The personal things you should give to your kids during your lifetime. You can create a will that leaves all to your kids, but your spouse will have the right to "elect against the will" when you pass away, claiming her elective share of your estate, which is based on the length of time you have been married. If you disclaim the inheritance from your mother it will pass as though you had died before her which may work, but you cannot change the way the property passes if you disclaim. You could ask your mother to leave the property to your kids.
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Can you use items in an estate without permission that do not belong to you?

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Answered by attorney Jayne L. Sebby (Unclaimed Profile)
Estate Planning lawyer at Jayne L. Sebby
It would depend upon the item(s), its value, and how you plan to use it. Can you use a pen belonging from the decedent to sign some estate documents? Yes. Can you you use the car? No. Responsibility for the closing of the estate has been given to you but the assets do not belong to you. You are also legally responsible for maintaining the assets in good condition and could be liable to the heirs for any damage you do.
It would depend upon the item(s), its value, and how you plan to use it. Can you use a pen belonging from the decedent to sign some estate documents? Yes. Can you you use the car? No. Responsibility for the closing of the estate has been given to you but the assets do not belong to you. You are also legally responsible for maintaining the assets in good condition and could be liable to the heirs for any damage you do.
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My question is if my wife is the sole remaindermen in a life estate or 1 of 4?

Damien Matthew Bosco
Answered by attorney Damien Matthew Bosco (Unclaimed Profile)
Estate Planning lawyer at Damien Bosco, P.C.
Hello. My name is Damien. I am a Trusts & Estates attorney in New York City practicing in the New York City metropolitan area. Generally, in order to sell the property when there is a life estate, all of the life tenants and remaindermen have to agree to the sale. Yet, a remainderman could sell, assign or transfer his or her interest in the property, but the buyer would have to take the property subject to the rights of the life tenants and other remaindermen. In other words, in effect, if all the life tenants and some remaindermen agree to sell their share of the property, the remaindermen who did not sell their share would remain as property owners holding the property as tenants in common with the new buyer or buyers. So, it is possible to argue that a contract among the other parties to sell their share of the property remains valid while the remainderman who did not agree to sell her or his property interest would keep her or his property interest and become a tenant in common with the other buyer or buyers. If you need any assistance, a New York Trusts & Estates Attorney could help you. If you wish to speak on the phone about it, you can call Damien Bosco, P.C. at (646) 452-7082 or email me at DamienBoscoEsq@gmail.com
Hello. My name is Damien. I am a Trusts & Estates attorney in New York City practicing in the New York City metropolitan area. Generally, in order to sell the property when there is a life estate, all of the life tenants and remaindermen have to agree to the sale. Yet, a remainderman could sell, assign or transfer his or her interest in the property, but the buyer would have to take the property subject to the rights of the life tenants and other remaindermen. In other words, in effect, if all the life tenants and some remaindermen agree to sell their share of the property, the remaindermen who did not sell their share would remain as property owners holding the property as tenants in common with the new buyer or buyers. So, it is possible to argue that a contract among the other parties to sell their share of the property remains valid while the remainderman who did not agree to sell her or his property interest would keep her or his property interest and become a tenant in common with the other buyer or buyers. If you need any assistance, a New York Trusts & Estates Attorney could help you. If you wish to speak on the phone about it, you can call Damien Bosco, P.C. at (646) 452-7082 or email me at DamienBoscoEsq@gmail.com
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