FAQ

We know many clients come to us with questions before they are ready to schedule a consultation. This page covers a few of the most common questions about estate planning, prenuptial and postnuptial agreements, and planning for the future.

Understanding Estate Planning

  • Estate planning is the process of organizing your legal, financial, and healthcare decisions in advance. It ensures that your assets are distributed according to your wishes, your loved ones are protected, and decisions can be made for you if you become incapacitated. Without a plan, the state creates one for you—often leading to delays, added costs, and unnecessary stress for your family.

  • At a minimum, most individuals should have:

    • A Last Will and Testament

    • Power of Attorney

    • Health Care Proxy

    • Living Will / Advance Directive

    Depending on your situation, a Revocable Trust may also be recommended to avoid probate and streamline administration.

  • If you do not have a plan, state law determines who receives your assets, who manages your estate, and who can make decisions if you are incapacitated. This often results in court involvement, delays, and outcomes that may not reflect your wishes.

Wills & Trusts: The Essential Tools

  • The short answer is: yes. A Last Will and Testament is one of the most important tools you have to ensure your wishes are carried out after your passing. It allows you to decide who receives your assets, who will care for your children, and how your estate is handled—rather than leaving those decisions up to the court.

  • A Will ensures:

    • You stay in control of your assets: If you pass away without a Will in New York, the State will decide how your assets are distributed based on default laws, which may not reflect your wishes.

    • You choose who will care for your children: If you have minor children, a Will allows you to name a guardian; without one, the court will appoint someone else.

    You help prevent family disputes: A clear, properly executed Will reduces confusion and minimizes the risk of conflict, which is especially important for blended families and LGBTQ+ couples.

  • A Will directs how your assets are distributed after death but must go through probate. A Trust allows assets to pass outside of probate, can provide ongoing management, and can address incapacity during your lifetime. Trusts are often more efficient, private, and flexible.

  • Maybe—and in many cases, yes. A Trust works alongside your Will and can help you: avoid probate, manage how assets are distributed, protect beneficiaries, and provide long-term control and privacy.

  • Often, yes. Even with a Trust, you still need a Will to ensure any assets not already in the Trust are properly directed. Together, they form a complete estate plan.

  • Not everyone needs a trust, but many families benefit from one—especially those who want to: avoid probate, maintain privacy, plan for incapacity, and provide structured distributions to beneficiaries.

  • Funding means retitling assets into your trust. Without proper funding, a trust will not fully avoid probate. We guide you through this process.

Marital Agreements (Prenup & Postnup)

  • Not everyone needs one—but many people benefit from it. A prenup is a contract entered into before marriage outlining how financial matters will be handled in the event of divorce or death. Consider a prenup if:

    • You are entering the marriage with significant assets or debts

    • You own or expect to own a business

    • You have children from a prior relationship

    • You expect an inheritance

    • You want clarity and transparency around finances

  • A postnup is similar, but it is signed after marriage. Couples often consider a postnup when:

    • Financial circumstances change (inheritance, business, etc.)

    • One spouse leaves the workforce or makes a financial sacrifice

    • There is a desire to clarify or update financial expectations

    • Children from prior marriages and differing beneficiary considerations

  • They can be a critical part of your plan. These agreements can: define separate vs. marital property, waive or preserve spousal inheritance rights, and ensure assets pass according to your wishes (e.g., to children from a prior relationship). Without proper coordination, your estate plan and marital agreement could unintentionally contradict each other.

Family Law & Divorce Resolution

  • The primary difference depends on whether you and your spouse are in full agreement regarding the terms of your separation.

    • Uncontested Divorce: You have reached an agreement on all major issues (property division, support, custody). This path is generally faster, more private, and less expensive.

    • Contested Divorce: There is disagreement on one or more issues.

    Our firm focuses on Family Focused Divorce and Mediation services to help you transform a contested situation into an uncontested outcome.

  • While not required, it is highly recommended. A mediator is a neutral third party and cannot provide legal advice to either side. Having a consulting attorney ensures you understand your rights and that the final agreement is legally sound.

  • A mediator can draft a Memorandum of Understanding (MOU) or a Settlement Agreement. If the mediator is an attorney, they can draft legal documents, but clients are always encouraged to have their independent attorneys review any document before signing.

  • A PC is a professional (often a lawyer or mental health expert) appointed to help high-conflict parents implement their parenting plan. The PC helps parents communicate more effectively, resolve daily disputes, and reduce the need for constant court intervention.

  • Generally, no. A PC’s role is to help parents follow the existing court order or parenting plan. They do not have the authority to make major, substantive changes to custody arrangements unless specifically granted that authority by a court order or agreement.

Working with Our Firm & Next Steps

  • If you’re asking the question, the answer is: now. Putting a plan in place early gives you control, clarity, and peace of mind.

  • Most estate plans can be completed within a few weeks, depending on complexity and responsiveness.

  • Simply reach out to schedule a consultation. We will walk you through the process step by step.

  • We offer transparent, flat-fee pricing for most estate planning packages, so you know the cost upfront.

  • We provide a concierge-level experience, including flexible scheduling, personalized guidance, clear explanations, and ongoing support after your documents are signed.

  • Yes. We regularly collaborate with financial planners and accountants to ensure your plan aligns with your broader financial and tax goals.

  • You should review your plan every 3–5 years or after major life events such as marriage, divorce, birth of a child, or significant changes in assets.