Wills, Trusts And Estate Planning

Protecting Your Estate & Your Family’s Future

Under the New York Health Care Proxy Law, you have the right to choose someone you trust to make medical decisions on your behalf if you are disabled and unable to communicate your wishes. The health care agent you choose must be at least 18 years of age He or she will be responsible for expressing your wishes on your behalf and preventing conflict and potential legal disputes.

If you are interested in declaring a health care proxy in Poughkeepsie, Red Hook, Carmel, or Kingston, NY, our legal team at McCabe, Coleman, Ventosa & Patterson PLLC can assess your situation, handle all the paperwork, and help you protect you and your family’s future.

Planning for Your Future & Your Family

If you suffer an illness or injury that prevents you from communicating, a living will informs your doctors and loved ones about what type of medical care you want to receive, as well as what type of medical care you do not want to receive. Living wills are written in advance to prevent someone from not being able to take legal action because of a serious medical condition.

Instructions in living wills detail the type of medical treatment the incapacitated person prefers. The instructions are carried out by a person designated to represent the incapacitated individual. Common decisions addressed in living wills include emergency surgeries, life support and resuscitation issues, types of medications and injections, tube feeding, and organ donations.

What is Power of Attorney?

In the event that you are injured or incapacitated, a power of attorney (POA) allows someone else to manage the affairs of your life. POA is a document that gives someone, whether it’s a family member, friend, or lawyer, to act on the incapacitated person’s behalf.

A power of attorney can be temporary for an expected absence or illness, or permanent if the person reaches an age when he/she cannot manage his/her own affairs. On the other hand, many people draft a power of attorney in preparation for the worst, even though it is not expected.

Let Our Firm Help You Draft Your Will

Most people do not contemplate passing away someday. However, it is important to ensure your last wishes are carried out and your family is protected when that day comes. A will is the most basic form of estate planning. This document details what happens to your property and assets after your death.

If you need to consult with a lawyer developing a Simple Will, our legal team at McCabe Coleman Ventosa & Patterson PLLC can provide experienced and capable representation. Our Poughkeepsie simple will attorneys can help you create a will that is as detailed as you want it to be. It is important to have an attorney assist you with the creation of a will; if not executed correctly it may be deemed invalid.

Simple Wills in New York

A simple will is a legal document that determines how your assets will be distributed and who will take care of your minor children after death. Without a will, the State of New York will distribute your assets to your beneficiaries based on state laws. Not only can this legal process be highly contentious for all family members involved, but the outcome may lead to unfavorable results.

The following are the common provisions contained in a will:

• Establish executor, who must carry out your listed wishes
• Determine your beneficiaries, who inherit the assets
• Include instructions on when and how the assets are distributed to the beneficiaries
• Name guardians for your minor children

It is not uncommon for family members or potential beneficiaries to dispute the provisions or terms of the will. Common examples include disputes over property (land) or family heirlooms, conflicts with any amendments or changes, the amount of money distributed, if a specific property should go to a certain individual.

Whether you need to draft a will, or you made changes that may result in a dispute amongst your loved ones, you need an experienced estate planning attorney to protect your rights and best interests. At McCabe Coleman Ventosa & Patterson PLLC