Estate Planning & Wills Attorneys
Serving Clients in North Carolina & New York
Everyone should have a last will and testament tailored to their specific situation. If you pass away without leaving a will designating an executor, you have died intestate, and your assets will be distributed in accordance with New York law (EPTL 4-1.1). The distribution of your estate among your living relatives will then be determined by their relationship to you and by the intestate succession laws of New York.
Types of Wills
Wills can be divided into four main categories: living wills, testamentary trusts, simple wills, and joint wills. Every type has a specific purpose and is designed to address unique demands and circumstances.
Simple Will
The most common type of will is the simple will. Simple wills specify how you want your assets handled, how and where they should be distributed, and usually name an executor or trustee to manage your estate. Your executor will be in charge of carrying out the instructions in your will, filing the required court documents to begin the probate process, handling particulars like notifying banks and government agencies of your passing, and filing your final tax returns. When the estate administration process is completed, your executor will oversee collecting and distributing your property.
Testamentary Trust Will
A testamentary trust is a specification in your last will and testament that instructs the executor of your estate to create the trust. After your death, your will proceeds through the probate process to determine its validity. Once the probate process is complete, the trust becomes active, and your executor transfers the assets into the testamentary trust. It is important to note that more than one testamentary trust can be included in your last will and testament.
Joint Will
Joint wills are created by two or more people and include separate wills for each individual. They are most commonly used by couples who want to name each other as the sole beneficiaries of their estate. In the case of a joint will, the couple writes two nearly identical wills, each naming the other as the sole beneficiary. Once created, these wills cannot be changed, making them problematic if either person's wishes change or the couple divorces.
Living Will
Living wills are written to provide legal instructions about your preferences for medical care if you are unable to make decisions for yourself. Drafting a Living Will can help ensure that you get the medical care you want, and assist caregivers in the decision-making process. Illness and end-of-life situations can happen at any age, not just to the elderly, therefore everyone should have a living will.
Trust Our Attorneys to Help You Plan
Our skilled lawyers can assist you in selecting the ideal will type for your circumstances and guarantee the validity of your document. We can make sure that your living will or last will and testament takes into account all the important details to make the probate process go more smoothly.
Schedule your consultation with our preferred wills attorneys in New York & North Carolina by calling 914-228-7448 or contacting us online today!
Our Results
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Client Won Custody Dying Without A Will
As many of you may know legendary singer/songwriter Aretha Franklin died in 2018 without leaving a will. Other wealthy celebrities such as Prince have done the same. This can lead to many types of unwanted consequences. As an example, the T&E department at PCS is currently ... -
Son Must Repay Mother’s Estate Estate Case
A local man and his then-wife used undue influence on his elderly mother to clean out the woman’s bank accounts before she passed away, a Schenectady County Surrogate’s Court ruled this week. The verdict, in a case brought by the woman’s two other sons, means the man and his ... -
Brothers Inheritance Restored Estate Dispute
After much litigation including more than a dozen depositions, obtaining numerous medical records and various other relevant documents, expert medical testimony, and the beginnings of trial preparation, an estate dispute was settled on behalf of our client for $700,000. Our ... -
Daughter Settles Dispute Favorably Estate Matter
On the day of trial our client successfully resolved an estate matter whereby she received 60% of available funds of the estate. Interestingly, the case involved an admission by both brother and sister that their father had upwards of $200,000 in cash at the time of death (a ... -
Surviving Spouse Inheritance Returned Large Assets Diverted to Wrong Beneficiary
We are proud to have earned a seven-figure ruling in favor of a surviving spouse. In this particular case, two large assets were diverted through a complex trust and funding formula to the wrong beneficiary. Parisi, Coan & Saccocio, PLLC, successfully argued that the ...
Client Stories
Our Success in Their Own Words
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Mr. Parisi represented me in a very complicated New York trusts and estates litigation matter. The issues involved numerous problems with the actions of certain trustees, as well as with the accountings they presented of the various trusts and estate of my late husband. After extensive work by Mr. Parisi and his firm, including an appeal to the Appellate Department, we obtained a Decision in my favor in excess of $1,000,000. The remaining issues were then also settled in a very favorable manner. I was very happy with all of Mr. Parisi’s work, time, and advice and I would absolutely hire him again!- K.R.
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Gerard was very helpful to me. I had a difficult litigation matter. He was very attentive to details and responsive to all my questions, which were many.- L.I.
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Mr. Parisi represented me in an Article 81 Guardianship proceeding so that I could help my daughter with her general and business matters. I was very happy with the legal services and advice that were provided by him and his office. I highly recommend him!- B.
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I would like to say thank you for the amazing work you did for me. I knew very little about the situation I had been put in. You not only informed me about every step, but also went above and beyond to analyze the case and assist me … You were always available whether it be a weekday or weekend, which helped a great deal due to my busy schedule. I couldn’t have asked for anyone better to assist me given my situation! Thank you again for all the help!- N.D.
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Gerard handled my father’s estate. He was always very informative and helpful, and his fees were very reasonable.- P.F.
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I was the trustee of my mother’s Trust in NY worth over $500,000. When my mother got sick and moved to North Carolina my siblings there had her sign a new Trust. Gerard fought to keep the original trust in place and I remained as her trustee. Gerard also prepared the accounting of all of my actions taken as Trustee and represented me when some of my siblings objected to my handling of the trust. Gerard protected me against the ridiculous accusations my siblings made against me, and I received my inheritance under the trust, as well as my Trustee Commissions. Thank you, Gerard, for representing me.- K.B.
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Gerard helped make a very hard situation a little easier for me. My mother passed away unexpectedly without a will. Her second husband was in significant debt and was raising several issues about my mother’s estate. My mom also owned a business that he ran so the issues were all very complex. Gerard first helped get me appointed as the Administrator of my mom’s estate rather than her second husband. He then handled all of the issues between the estate, the creditors, and the second husband and we had great results throughout. I would strongly recommend using Gerard knowing that others can have the same experience I did working with Gerard during such a hard time!- A.M.
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Parisi Coan & Saccocio have handled many estate planning needs for myself and my clients over the course of the last 5 years. I would highly recommend them to anyone looking for estate planning or real estate planning needs.
- Arthur F.
What Sets Us Apart?
Over 65 Years of Experience
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We are very selective about the cases we take on to provide you with the highest quality representation.
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Unique knowledge for accountings, tax laws, asset valuations and complex estates.
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Over 65-years collective experience in estate and trust planning, administration, litigation, and guardianship.