GETTING

COMFORTABLE WITH

ESTATE PLANNING Educate Yourself About The Foundational Issues

Involved With Any Estate Plan and Get A Better Idea of What Kinds Of Choices You Will Have To Make

MICHAEL ROBINSON ROCHESTER, NEW YORK AREA ESTATE PLANNING ATTORNEY

One of the biggest hurdles preventing people

from starting an estate plan is that so few people

know anything about the process. Once you are

able to accept that your death will have

significant consequences for your family, and that

there are steps you can take now that will help

your family after you are gone, you will be ready

to face the difficult estate planning choices ahead

of you. To help you get a better idea of what kinds

of choices you will have to make, it’s good to educate yourself about the

foundational issues involved with any estate plan.

CHOICES AND PROCESSES

If there is a single idea that you need to understand about estate planning, it’s

that it is a process. There is no single step, tool, or option that will solve all of

your estate planning needs. Instead, estate planning is about looking at your

current situation, understanding what choices are available to you, and then

creating tools that match your desires.

The process of estate planning involves making specific choices. What kinds of

inheritances do want to leave? Who should act as the guardian of your minor

child if you’re involved in an automobile accident? What kind of medical

choices do you want to make if you are near the end of your life and are

sedated, unconscious, or unable to express your wishes?

All of these choices are yours to make. However, if you don’t make them

yourself, someone else will have to make them for you. Without an estate plan

Estate planning is a

process. There is no

single step, tool, or

option that will solve

all of your estate

planning needs.

in place that allows you to formally state your choices, you have no way of

controlling who will be responsible for making these decisions, or if those

people will make choices you would want them to make.

PROBATE AND ESTATE PLANNING

As you learn more about the estate planning process you will likely come

across the word “probate.” Probate is the legal process involved after a person

dies. A deceased person invariably leaves behind property that will need to go

to new owners. Probate law is the collection of laws that determine how this

happens. Probate courts, known as Surrogate’s Courts in New York, are

responsible for managing this process and ensuring it proceeds in accordance

with the law.

Much of the estate planning involves understanding of what will happen to

your property after you die and taking steps to try to avoid, or minimize, the

probate process whenever possible. Because probate can take a long time,

involve significant expenses, and leave your family members without their

inheritances until the process concludes, most estate plans focus on creating

tools that will allow your estate to bypass probate.

AGE AND ESTATE PLANNING

One of the most widely held misperceptions about estate planning is that it is

something that only applies to seniors and the wealthy. Though it is true that

wealthy people have more estate planning issues to deal with than others, and

that seniors have a more pressing need to develop a complete estate plan, you

don’t need to be either elderly or wealthy to create a plan. In fact, many

younger people, especially those with young children, have a great need to

develop an estate plan because they have others who rely upon them.

INHERITANCE PLANNING AND TAXES

Apart from probate, estate plans also focus on inheritances and the issues

involved with them. For example, many people used to create estate plans

primarily because they were worried about having to pay federal estate taxes.

In recent years this issue has decreased because the federal estate tax only

applies to people who leave behind large estates.

However, there are some people who will still have to be mindful of the estate

tax when they create their inheritance plans, in part because many States,

including New York, have their own estate tax that is independent of the

federal estate tax. Because of this, using certain tools like irrevocable trusts

may become necessary for those concerned about the estate tax issue.

Knowing when this issue might affect you and your estate is one of the major

questions you and your estate planning lawyer will have to address.

WILLS AND LIVING WILLS

With those general principles in mind, let’s take a look at some of the specific

choices you get to make through your state plan. Specifically, let’s take a look

at the difference between a last will and testament and the living will, and

what they allow you to choose.

Wills. Also known as a last will and testament, a will is a document

through which you make inheritance choices. Through your will you can

decide who will inherit your property. You also get to choose who will

represent your interests during probate, and get to choose who you

want to serve as a guardian of any minor children should you die before

they become of age.

Living wills. Even though they sound like they are related to wills,

living wills are very different types of documents. A living will only

takes effect if you are alive but incapacitated. Your living will gives you

the ability to tell your health care providers about the kinds of medical

care you do, or do not, wish to receive. A living will is often known as an

advance directive because you make it in advance of possibly becoming

incapacitated.

ONE TERM, MANY OPTIONS

To summarize the points made above, estate planning is not a one-size-fits-all

solution. Every capable adult should have an estate plan in place. As you get

older, experience changes in your life, and change your mind about various

issues, you can change or modify your plan to meet your changing

circumstances. The important thing is that you have a plan in place that is able

to address your concerns should the need arise. Failing to take the time to

create a plan means you rely on others to make your estate planning choices

for you. Creating a plan as soon as possible and ensuring that you keep it up-

to-date is one of the best things you can do to protect you and your family.

About the Author

Clients notice Michael Robinson’s unique approach to his

estate planning practice the minute they walk through his

office doors. Mike has established a law practice that

provides clients with a warm, comfortable and relaxed

atmosphere staffed by professionals who believe in

providing highly individualized attention.

That’s especially important in Mike’s practice, because

estate planning is an often personal process reflecting the

most cherished hopes and dreams of his clients.

“The estate planning we do for our clients,” Mike explains,

“often represents the culmination of their life’s work. That’s

why we take a personal interest in helping them complete

estate plans that suit their needs and that address the unique circumstances of their

families.”

There’s one last difference clients often remark upon in Mike’s estate planning practice.

“Because we concentrate on estate planning exclusively, we have the focus to bring state-of-

the-art, cutting-edge estate planning techniques and strategies to a broad range of clients,

no matter how diverse.”

Mike’s firm has the breadth of expertise to provide its clients with estate plans ranging

from the basic to the very sophisticated, including offshore asset protection trusts.

His office regularly conducts seminars on estate planning topics throughout the Rochester

and Finger Lakes area. Mike has also been a guest speaker on the subject of estate planning

before a variety of professional organizations.

The Law Office of Michael Robinson, P.C. 196 North Main St. PO Box 417 Naples, NY 14512 www.mrobinsonlaw.com Phone: (585) 374-5210