AV Preeminent Peer Rated Attorneys
Retsof 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).
Reviews
More Filters
Sort by
Language
Years Established
AV Preeminent Peer Rated Attorneys
Retsof Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Retsof 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).
  • 31 W. Main St., Le Roy, NY 14482

  • 760 Chili Ave. Ext., Churchville, NY 14428-9721

  • 65A Monroe Ave., Pittsford, NY 14534

Your legal solution starts here.

Get professional advice by contacting an attorney today.

ADVERTISEMENT
  • 15 Clay St., Le Roy, NY 14482-0250

  • 6966 West Bergen Road, Bergen, NY 14416-9441

  • 140 N. Main St., Warsaw, NY 14569

  • 97 Main St., East Bloomfield, NY 14443-0278

  • 52 Nichols St., Spencerport, NY 14559-0116

Ask a Lawyer

Additional Resources

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
74 %

135 Client Reviews

PEER REVIEWS
4.4

191 Peer Reviews

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?

Answered by attorney James Bloomfield Oberholtzer
Estate Planning lawyer at James Oberholtzer, Chartered
Usually, only the signed Will would be valid and paid attention to. However, if there was fraud or some other special circumstances then other documents like the unsigned Will could become important.
Usually, only the signed Will would be valid and paid attention to. However, if there was fraud or some other special circumstances then other documents like the unsigned Will could become important.
Read More Read Less

Can the executor change the locks of a house if it was not written in the will?

default-avatar
Answered by attorney Kenneth A Prigmore (Unclaimed Profile)
Estate Planning lawyer at Prigmore Law
Executors have the responsibility of protecting and properly distributing the estate of the deceased. As a beneficiary, you have the right to see the testamentary documents that include you. Demand a copy of the will, trust, and any other gifting documents. If the Executor refuses, tell them you can sue and get them without much difficulty. Executors also have the responsibility to prepare an accounting of the estate, so if he has been making equal distributions, he should be able to show what the entire estate included. Finally, if you doubt the Executor's statements and actions, you may have to sue to find out the truth. Unfortunately, this can be very stressful and expensive, so you may not want to start any action until you are sure there is a problem. Locking the house is not automatically a breach of an Executor's duties. Timing is important. It is best to demand that all beneficiaries be allowed to review the contents of the home prior to the executor's "Sweep" of the house removing valuables. It sounds like you are too late to do that. You can still demand that he escort you around the home to see what is still there. Sometimes simply retaining an attorney who will write a letter to the executor demanding an accounting and threatening suit if he fails to disclose the contents of the estate will be enough to keep things in order. Please note: Prescription medications should be destroyed, not passed on to heirs for non prescription use. This is both the law and common sense. There is no known right to inheritance of prescription medications.
Executors have the responsibility of protecting and properly distributing the estate of the deceased. As a beneficiary, you have the right to see the testamentary documents that include you. Demand a copy of the will, trust, and any other gifting documents. If the Executor refuses, tell them you can sue and get them without much difficulty. Executors also have the responsibility to prepare an accounting of the estate, so if he has been making equal distributions, he should be able to show what the entire estate included. Finally, if you doubt the Executor's statements and actions, you may have to sue to find out the truth. Unfortunately, this can be very stressful and expensive, so you may not want to start any action until you are sure there is a problem. Locking the house is not automatically a breach of an Executor's duties. Timing is important. It is best to demand that all beneficiaries be allowed to review the contents of the home prior to the executor's "Sweep" of the house removing valuables. It sounds like you are too late to do that. You can still demand that he escort you around the home to see what is still there. Sometimes simply retaining an attorney who will write a letter to the executor demanding an accounting and threatening suit if he fails to disclose the contents of the estate will be enough to keep things in order. Please note: Prescription medications should be destroyed, not passed on to heirs for non prescription use. This is both the law and common sense. There is no known right to inheritance of prescription medications.
Read More Read Less

How do I leave everything to my kids?

Answered by attorney Dara J. Goldsmith
Estate Planning lawyer at Goldsmith & Guymon, P.C.
If your assets to be probated are $100,000 or less even if you have a Will not distributing to your spouse, but to your children, he will be entitled to your probate estate. You should consider a trust that gives your community property to your children. Your trust will need to be funded during your lifetime or you risk the estate being set aside to your husband. If your estate ids over $100,000 then a Will can work.
If your assets to be probated are $100,000 or less even if you have a Will not distributing to your spouse, but to your children, he will be entitled to your probate estate. You should consider a trust that gives your community property to your children. Your trust will need to be funded during your lifetime or you risk the estate being set aside to your husband. If your estate ids over $100,000 then a Will can work.
Read More Read Less