Best Probate Attorneys in Babylon, NY

Contrary to popular belief if you die without a will, everything does not go to New York State. Instead, New York Law (the laws of intestacy) will determine who benefits from your estate.

Yes. You should schedule periodic reviews because, if it is not up to date when you die, your estate may not be distributed as you wish. Your will can be changed through a codicil, a legal document which must be drafted and executed in accordance with the same laws which apply to wills.

Not to be confused with either a Last Will or a Living Trust, a Living Will is a written statement of your wishes concerning the use of any medical treatments you specify. If you are unable to provide instructions yourself the instructions in your Living Will will be followed at the time medical decisions need to be made. Your Living Will will declare when you do not wish to have your life sustained under various circumstances, for example, if you have an incurable or irreversible mental or physical condition with no reasonable chance for recovery.

Without a health care proxy, your doctor may provide you with treatments that you would have refused if you were able to. For example, if you are in a coma with no hope of recovery, or are terminally ill your doctor may be required to provide you with artificial nutrition and hydration or CPR even though this may not be your wish.

A living will is a document that you sign in advance in which you specifically set forth your decisions about health care treatment; it does not authorize you to appoint an agent to make decisions that you did not anticipate. The health care proxy provides specific instructions and also designates an agent to make decisions when there are circumstances you did not anticipate.