Tatia D. Barnes, Esq.
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Tatia D. Barnes, Esq.

Serving Your Probate, Administration and Estate Planning Needs

LAST WILL & TESTAMENT

A Will (also known as a Last Will & Testament) is a document in which you transfer your assets to loved ones, friends and charities upon your death.  

If you do not have a Will, then state law (New York Estate, Powers And Trust Law) dictates who your assets are transferred to upon your death.

A Will can also be used to assist in transferring certain rights upon your death, such as the guardianship of your child to a trusted family member.  By listing a designated guardian in your Will, a court may likely grant guardianship (as long as it's feasible) to that person.  Without a Will, guardianship is determined by state law and the court.

Assets titled solely in the name of a deceased person are transferred through Surrogate's Court in either a Probate Proceeding (when there is a Will) or an Administration Proceeding (when there is no Will).  The phrase "avoiding probate" often refers to transferring title of your assets during your life time (such as into a Trust) so as to minimize estate tax liability, protect your assets or to avoid the tedious procedures of Surrogate's Court.

Schedule a free 15 minute consultation for more information and to discuss your particular legal needs.


TATIA D. BARNES, ESQ.
48 Wall Street, 11th Floor
New York, New York 10005
​(212) 537-4069
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  • Home
  • Probate
  • Estate Administration
  • Estate Administration List For Clients
  • Executor-Administrator Litigation
  • Contact
  • Disclaimer
  • About
  • Fees
  • Client's Rights
  • Resources
  • Helpful Estate Terms
  • Philosophy
  • Blog