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New York & North Carolina

Will Attorney in North Carolina & New York

Estate Planning Attorneys in NC & NY

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.

Understanding Different Will Types

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. 

Consult with Our Will Drafting Attorneys Today

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.

Ready to Create Your Will? Contact Our Trusted Attorneys in NY & NC by calling 914-228-7448 or reach out online for a personalized consultation!

Our Results

  • 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
    "I was very happy with all of Mr. Parisi’s work."
    I would absolutely hire him again
    - K.R.
    "Gerard was very helpful to me."
    He was very attentive to details and responsive to all my questions
    - L.I.
    "I highly recommend him!"
    I was very happy with the legal services and advice that were provided by him and his office
    - B.
    "I couldn’t have asked for anyone better to assist me."
    You were always available whether it be a weekday or weekend, which helped a great deal due to my busy schedule
    - N.D.
    "He was always very informative and helpful."
    Gerard handled my father’s estate
    - P.F.
    "Thank you, Gerard, for representing me."
    Gerard fought to keep the original trust in place and I remained as her trustee
    - K.B.
    "Gerard helped make a very hard situation a little easier for me."
    I would strongly recommend using Gerard knowing that others can have the same experience I did
    - A.M.
    "I would highly recommend them."
    Parisi Coan & Saccocio have handled many estate planning needs for myself and my clients over the course of the last 5 years
    - Arthur F.

What Sets Us Apart?

Over 65 Years of Experience
  • Personalized Guidance From Start to Finish
    We are very selective about the cases we take on to provide you with the highest quality representation.
  • Attorneys and Certified Public Accountants
    Unique knowledge for accountings, tax laws, asset valuations and complex estates.
  • Exceptional Estate and Trust Law Experience
    Over 65-years collective experience in estate and trust planning, administration, litigation, and guardianship.

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