Ilion, NY Estate Planning Law Firms & Lawyers

Assuming you have little or no assets, and did not acquire any community property during the current marriage, your children of a prior marriage would be entitle to receive everything unless you have jointly owned assets of any kind held with your present wife, in which case she would survive to those assets. You could draw up a will or have one prepared to accomplish your objective.

There is very little likelihood of having any tax implications on an inheritance. In fact, its better to inherit property in many cases because the beneficiary gets to avoid potential capital gains taxes in the future. A simple will is probably all you need. But you could do a trust and avoid a probate when you pass away. But, a simple will would cost about $500 and you can do it and forget about it. And a trust will be about $1750, and will take some maintenance over the years. However, the trust will avoid a probate after you die, and the probate can be $2,500 to $3,500 or so. BUT, of course you don't pay for the probate. So the question is whether you want to pay out of your pocket more now so that the person who inherits your property can avoid a probate. Or whether you just want to do a will and forget about it and let them deal with it themselves later.

Hello: I am an Attorney in New York. The named executor in the Will can petition the court to probate the Will to represent the estate to gain access to the premises of the decedent. When there is a need to act fast, the executor can request preliminary letters testamentary. An executor named in the Will may file with the court a written request for issuance of preliminary letters testamentary. One reason is to obtain access to the premises of the decedent to preserve and inventory assets. At the same time, if the decedent had been living with someone at the time of death, that person has a right to stay on the premises as a tenant that is entitled to proper notice to vacate the premises according to the landlord-tenant laws. If the tenant is refusing access, there may be a need to request judicial intervention to get a court order for entry.