It is reassuring when you can plan for the future and ensure the security of your loved ones in New York, especially if something happens to you. This is what we call estate planning, and it isn't something that a select few do, but something we should all do because it's about our own health and security just as much as it is about assets and family members.

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At The Feller Group, P.C., our estate planning team in Mahopac is here to guide you through the intricacies of estate planning. Whether you have a complex estate or a modest one, we provide personalized solutions to ensure that your legacy is preserved and your loved ones are taken care of. Contact us today at (845) 621-8640 to schedule a consultation.

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What is Estate Planning?

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Estate planning is the process of organizing and controlling the distribution of one’s assets after death. It can be used to reduce taxes, ensure legal protection, and provide for the orderly management of assets. Estate planning usually involves creating a trust, a will, and other documents to ensure that assets are distributed to the right people in the right way. It can also involve designating guardians for children, setting up charitable giving, and establishing gift-giving strategies. Estate planning is an important way to ensure that your legacy is secure and that your wishes are carried out after you have passed away.

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Why Estate Planning in New York is Important?

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Estate planning is a proactive and strategic approach to managing your assets, affairs, and health during your lifetime and after your passing. Probably the easiest way to understand why it is so important to have an estate plan is to consider the alternative: not having one when you become incapacitated or die.

 

​Consequences of Incapacitation without an Estate Plan

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If you become incapacitated due to an illness or another health condition and do not have an estate plan, your treatment preferences or financial matters may not be handled in the manner you would have wanted. 

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For example, what if the illness has led to you being in a coma and the prognosis is not good? In such a situation, you would have preferred not to be resuscitated if your health turned for the worst. Family members, however, tell doctors to save your life at all costs. If you had had an advance directive or medical power of attorney, which would have been part of a comprehensive estate plan, your wishes would have been honored. Without it, the doctors look to a spouse, another family member, or a court-appointed guardian to determine what to do, and they may decide based on their own personal wishes rather than yours.

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At the same time, what if you become incapacitated due to an illness like cancer, and the treatment or therapy makes it hard for you to manage your business or pay your bills? An estate plan can make sure you have a power of attorney or business succession plan established to proactively address these types of situations. 

 

Consequences of Dying without an Estate Plan

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If you die without an estate plan, which would have included a last will and testament, you die intestate. As such, your assets are distributed according to state law, which means not you but your state's intestate succession laws determine the order of priority for distributing assets among surviving family members. What this also means is that a beloved charity or loved non-family member will not receive any of your assets – even if you had promised them something. On the other hand, if no heirs are found, assets may escheat, or revert, to the state.

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Dying without an estate plan also causes delays in the distribution of your assets because your estate must go through probate. It increases the potential for challenges and fighting among family members, leading to potential legal battles. All of this is time-consuming and costly. 

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Further, if you have minor children or an adult child with special needs, dying intestate leads to uncertainty as to who will be appointed the guardian and what will happen to your children. Much of the latter will be up to the court to decide, and it is the least equipped to understand what their needs are.

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Finally, intestacy may lead to increased tax liabilities for your heirs, as distribution may not be optimized for tax efficiency. 

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Should You Consider an Estate Plan?

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Knowing that the consequences of dying intestate are serious, who does an estate plan benefit? If you answer affirmatively to any of the below questions, you should contact our estate planning team in New York. Regardless of how you answer, it never hurts to get questions about estate plans answered.

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1. Do you have assets? Estate planning allows you to dictate how your assets will be distributed after your death, ensuring that your loved ones receive their intended inheritances and minimizing potential conflicts among beneficiaries. Assets include anything from a house, other real estate, cash, bank accounts, investment accounts, stocks, digital assets, life insurance, collectibles (e.g., art or antiques), cars, furniture, and more.

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2. Do you want to minimize estate taxes? Through strategic estate planning, you can employ legal techniques to minimize estate taxes, preserving more of your wealth for future generations.

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3. Do you have children? Estate planning enables you to designate guardians for your minor children, ensuring their care and upbringing are entrusted to the individuals you choose. Estate planning also enables you to help secure and protect the future of an adult child with special needs.

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4. Do you want to make healthcare decisions in the case you become incapacitated? With comprehensive estate planning, you can establish advance healthcare directives and appoint a trusted individual to make medical decisions on your behalf if you become incapacitated.

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5. Do you own a business? For business owners, estate planning facilitates a smooth transition of business ownership and management, preserving the value you've built and securing the future of your enterprise.

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Estate planning is essential for individuals of all ages and asset levels. It is not just for the wealthy. Whether you have substantial assets, a blended family, dependents with special needs, or charitable intentions, estate planning provides the framework to protect your interests and ensure that your wishes are carried out.

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