Estate Planning For Families With Special Needs Children And All Families
At Becker Law & Advocacy PLLC, in Massapequa, we offer a full array of estate planning solutions, guidance in estate administration, and advocacy for families with members who have special needs. As many parents of children with a disability realize, these legal issues often overlap. For example, parents need to understand how provisions of their estate plans, such as trusts, may someday impact their children’s ongoing eligibility for essential government benefits.
As we are aware of these concerns, we are pleased to offer practical legal solutions together with education on the law. Our law practice also extends to people who may not have such concerns but appreciate a truly individualized approach to estate planning and probate administration. Our goal is to provide peace of mind to all families, including those who have children with disabilities.
Estate Planning Fundamentals
An estate is the total net worth of an individual at death, which includes all of their personal assets, such as real estate, intellectual property, business equity, stocks bonds and bank accounts that are not held jointly. Until an estate is closed, it can continue to grow after a person’s death.
An estate plan can protect you, your loved ones and your assets during your lifetime and in the future. A will, which is fundamental to most estate plans, is a public legal document by which you can direct how your assets will be distributed upon death. A personal representative, also known as an executor, will be appointed to pay remaining expenses and taxes. Afterwards, they must distribute your assets. If you have minor children, you can name a guardian for them in your will.
To be effective, a will must be filed in probate court after your death. As a will does not take effect until you die, it cannot provide for management of your assets if you become incapacitated. That’s why it is important to have other estate planning documents, such as powers of attorney, that address contingencies such as serious illness or incapacity.
We can help you select and formalize applicable estate planning documents, including:
- A will
- One or more trusts
- Powers of attorney
- A living will
- A health care directive that states your health care preferences and designates someone to act as your health care proxy.
Just as you watch out for the health and welfare of your child with special needs, your chosen representatives named in powers of attorney can make financial and health care decisions for you, if it becomes necessary.
Advocacy For Families Of Children With Disabilities
Your child or loved one may be entitled to government benefits that can be used throughout their lives, such as Medicaid, Supplemental Security Income (SSI) and services that the New York State Office for People with Developmental Disabilities (OPWDD) has to offer. Our legal team can help ensure that you do not miss out on any available help.
Attorney Becker can also help you set up guardianships and advocate for you if you have a loved one with a disability. We can also assist you in preparing the necessary documents to obtain government benefits such as Medicaid, SSI and services through the OPWDD.
New York Estate Planning Questions And Answers
A well-prepared estate plan plays a critical role in helping you protect your final wishes, reduce uncertainty for loved ones and address important decisions that may arise during incapacity or after death. The answers to the following questions offer sound guidance for New Yorkers who need to understand how core estate planning tools work and why they matter.
Is an estate plan necessary if I do not own a lot of assets?
Yes, creating an estate plan is a smart move regardless of your assets and is important even when your property is limited. This is because it covers far more than financial transfers. It allows you to name decision-makers, outline medical preferences and feel confident that the assets you do own pass efficiently.
Estate planning also helps prevent unnecessary court involvement if you become incapacitated due to illness or injury. Many with modest estates benefit from creating legal documents that provide clarity, reduce stress for family and prevent disputes about who should manage your personal or financial matters.
What will happen if I die without a will in New York?
If you pass away without a will, New York’s intestacy laws determine who receives your property and the court will appoint an administrator to handle your estate. Intestacy rules follow a fixed order that may not reflect your personal relationships or long-term goals. For example, specific shares are assigned to a spouse and children, while more distant relatives inherit if no immediate family survives.
Intestacy also offers no opportunity to name guardians for your minor children or support your charitable interests. A will allows you to make these decisions yourself and provide clear direction for those you leave behind.
Business interests can be different: whether your ownership transfers under intestacy may depend on the type of business and any governing documents already in place, such as an operating agreement, shareholders’ agreement, or buy-sell agreement.
How is a trust different from a will?
A will distributes assets after death and must go through probate, which can take time and require court oversight. A trust, in contrast, can manage assets during your lifetime. It can also provide instructions amid incapacity and transfer your property outside probate. This structure can offer privacy, continuity and more control over how beneficiaries receive inheritances.
Trusts are often used to protect young beneficiaries, plan for long-term care needs or address blended family situations. Even with a trust, a will remains necessary to cover any assets not transferred into the trust before death.
Schedule A Free Consultation Today
Take the time to set up an estate plan that will truly protect you and your family. We are ready to help you create or update your plan or to administer a loved one’s estate. Reach us by phone at 631-920-4811 or complete our online inquiry form.