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Estate Planning: Wills, Trusts & More

Don't leave your legacy to chance. Plan ahead and ensure your wishes are honored with personalized estate planning services from Rochester Elder Law.

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Why Estate Planning Matters

While contemplating our own mortality can be uncomfortable, proper estate planning is crucial for protecting your assets and loved ones.


Without a solid plan, you risk:

  • Your beneficiaries not receiving what you intend
  • Unnecessary taxes and administration costs
  • Family disputes over your estate
  • Losing assets to high nursing home care costs

Estate planning is essential, regardless of your estate's size.


It allows you to:

  1. Ensure your property goes to the right people, in the right way, at the right time
  2. Minimize taxes, court costs, and legal fees
  3. Provide peace of mind to your loved ones during a difficult time

Essential Components of an Estate Plan

Every comprehensive estate plan should include these three critical documents:

  1. Durable Power of Attorney: Designates someone to manage your income and assets if you become unable to do so

  2. Health Care Proxy: Appoints a trusted individual to make health care decisions based on your wishes if you're incapacitated

  3. Will: Directs the management and distribution of your property after death


Additionally, many Americans now use Revocable (or "Living") Trusts to avoid probate and manage their estates both during life and after death.

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Our Estate Planning Services

At Rochester Elder Law (formerly Dutcher & Zatkowsky), we have decades of experience crafting personalized, effective estate plans for diverse individuals and families. Our comprehensive services include:


Foundational Estate Planning:

  • Revocable Living Trusts
  • Wills
  • Powers of Attorney
  • Health Care Proxies and Directives
  • HIPAA Authorizations
  • Living Wills and other Advanced Directives


Advanced Estate Planning:

  • Dynasty Trusts
  • Irrevocable Trusts
  • Life Insurance Trusts
  • Family Limited Partnerships
  • Qualified Personal Residence Trusts
  • Charitable Gift Planning
  • Generation-Skipping Trusts
  • Estate Tax and Income Tax Planning
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Protect Your Legacy with Rochester Elder Law

Don't leave your estate's future to chance. Our experienced attorneys will work closely with you to create a tailored estate plan that reflects your wishes and protects your loved ones.

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Estate Planning
FAQs

  • Do I need an estate plan if I'm not wealthy?

    Yes, estate planning is crucial for everyone, regardless of wealth. It ensures your wishes are followed and can help avoid family conflicts and unnecessary expenses.

  • Do I need a Will?

    Most of the time the answer is yes, but not all of the time. There are alternatives which you should be aware of so you can decide what is best for you and your family. Even if you don't have substantial assets, a Last Will and Testament is an important tool to protect your wishes. Without one, the Public Administrator may be in charge of the disposition of your possessions and assets.

  • Do I need a Trust?

    Whether you need a trust depends on your specific situation. Our attorneys can review your finances to determine if a trust would help protect your assets during your life and/or after death, and possibly avoid probate.

  • What's the difference between a will and a trust?

    A will is a document that specifies how your assets should be distributed after death and goes through probate. A trust can manage assets during your lifetime and after death, often avoiding probate and offering more control over asset distribution.

  • Who needs a Power of Attorney?

    Everyone over 18 should have a Power of Attorney. It's crucial to avoid guardianship if you become incapacitated and unable to make decisions due to a catastrophic injury or event.

  • Are all Powers of Attorney the same?

    No, Powers of Attorney can vary. Laws regarding these documents changed in 2009 and 2010. Older documents should be updated. At Rochester Elder Law, we create comprehensive documents to cover various planning issues that may unexpectedly arise.

  • What are Advance Directives?

    Advance directives are documents you create while competent, informing others of your wishes to be honored when you can no longer express yourself. They typically include a Health Care Proxy and a Living Will.

  • Who should have a Health Care Proxy?

    Everyone over 18 should have a Health Care Proxy. You should select someone you trust who will honor and abide by your wishes.

  • What happens if I don't sign a Health Care Proxy?

    New York's Family Health Care Decisions Act (FHCDA) identifies who can make medical decisions on your behalf if you're incapacitated. However, it's wise to designate your own choice through a Health Care Proxy.

  • How often should I update my estate plan?

    It's recommended to review your estate plan every 3-5 years or after significant life events such as marriage, divorce, birth of a child, or major changes in assets.

Have More Questions About Estate Planning?

Our experienced attorneys are here to provide personalized guidance for your unique situation.

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Ready to secure your legacy?

Schedule a consultation with our experienced estate planning attorneys today.

Schedule a Consult

Or call us at (585) 256-0090 ext. 103

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