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.


ESTATE PLANNING ATTORNEY REFERRAL
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
    • Heirship Affidavit Samples
  • Estate Administration List For Clients
  • Executor-Administrator Litigation
  • Contact
  • About
  • Fees
  • Disclaimer
  • Client's Rights
  • Helpful Estate Terms
  • Resources
  • Philosophy
  • Blog