With over 50 years in practice and over 10 years as a principal at Berkman, Henoch, Peterson & Peddy, P.C., Jack M. Steingart has extensive estate planning law experience. Mr. Steingart has a long history in the representation of clients relative to the preparation of Wills, all types of trust agreements, powers of attorneys, health care proxies and related documents. Additionally, he can assist with probate and administration proceedings and Federal and New York State tax proceedings.

Practice Areas

Estate planning is a process to set up legally effective arrangements that would meet your specific wishes if something should happen to you or to those you care about. Good estate planning is more than just a simple Will. Estate planning also minimizes potential taxes and fees, and sets up contingency planning to make sure your wishes regarding health care treatment are followed. On the financial side, a good estate plan coordinates what would happen with your home, your investments, your business, your life insurance, your employee benefits (such as a 401K plan), and other property in the event you became disabled, or if you die. On the personal side, a good estate plan includes directions to carry out your wishes regarding health care matters, so that if you ever are unable to give the directions yourself, someone you select would do that for you.

Probate:
Probate is the legal process of transferring property following a person's death.  Although probate customs and laws have changed over time, the purpose has remained much the same: an individual formalizes his or her intentions as to the transfer of his or her property at the time of death (typically through a Will); his or her property is collected, certain debts are paid from the estate and the property is distributed accordingly.

Wills:
A Will is a written instrument containing directions on how the assets and property of the testator (individual creating the Will) shall be divided upon his or her death. Wills can also contain instructions regarding the care of minor children, gifts to charity and formation of posthumous trusts. In order for a Will to be legally valid, the testator must sign the Will in the presence of two witnesses and he or she must be mentally competent and not acting under duress or under the controlling influence of another.

Will Contest Litigation:
A Will Contest is a type of litigation that challenges the admission of a Will to probate. Issues that are likely to spur the contesting of a Will include:

• the testator lacked mental capacity, i.e. was senile, delusional or of unsound mind at the time the documents were created;
• the testator was subjected to fraud, coercion or undue influence during its creation and implementation;
• there are ambiguities in the document or
• the Will is a forgery or does not conform to legal requirements as to the number and nature of the witnesses.

If the Will is thrown out, the court, depending on state law and the specific facts and circumstances may disallow only the part of the Will that was challenged; throw out the entire Will, distributing the property as if the person died without a Will or use the last previous Will.

Trusts:
Trusts are estate-planning tools that can replace or supplement Wills and can also help manage property during life. A trust manages the distribution of a person's property by transferring its benefits and obligations to different people. Maintaining assets in a Trust often makes it easier to minimize taxes and leave a larger inheritance. A Trust is also a way to provide a steady income to the Beneficiary over time (as opposed to distribution in a lump sum), thus reducing the Beneficiary's tax burden, allowing the Trust to grow through investment, and keeping assets free from creditors of the Trust beneficiary. Trusts can also be established for the benefit of charitable organizations.

Probating Estates:
Estates are categorized as probate or non-probate property. Probate property is property that is transferred by the provisions of a Will. Non-probate property is property that is either jointly held and passes by right of survivorship, is directed by beneficiary designation such as an IRA or a life insurance policy, or passes according to the terms of a trust.

Estate Planning:
Good estate planning is more than just a simple Will. It minimizes potential taxes and fees (including Federal and State gift and estate taxes), and sets up contingency planning to make sure wishes regarding health care treatment are followed before and after death.  A good estate plan also coordinates what happens to a home, investments, business, life insurance, employee benefits (such as a 401K plan) and other property in the event of disability or death.

Powers of Attorney:
Powers of Attorney are governed by the law of agency, a branch of common law concerned with the delegation of power from one person (the principal) to another (attorney-in-fact or agent). When a person becomes incapacitated, the government or the court often steps in and appoints someone to represent and make legal decisions for the incapacitated person. One of the ways to avoid government or court intervention and the appointment of a stranger to act as your guardian, is to use a Power of Attorney. A Power of Attorney is a written document that can be limited in scope, or it can allow one person to give another the full power and authority to represent him or her. There are two types of Power of Attorneys; one covering assets and one covering health care decisions.

Estate Litigation:
Estate litigation is a legal dispute usually initiated by someone who feels they did not receive all they were entitled to in a Will. Wills can be challenged if it is suspected that the Will is not legally valid or if the person who was writing the Will was wrongly influenced while creating it.

Conservatorship:
A conservatorship is a court order that a person deemed fully or partially incapable be subject to the legal control of another person. The conservator is responsible for the assets and finances of an incapacitated person. Many jurisdictions use the term "guardian of the person" to refer to the same legal principle. It may be necessary to petition a court to appoint a conservator for persons:

• Who have physical or mental problems that prevent them from managing their own financial affairs;
• Who have no person already legally authorized to assume responsibility for them; and
• Where other kinds of assistance with financial management will not adequately protect them.

Guardianship:
A guardianship is a legal relationship created by a court between a guardian and his ward, either a minor child or an incapacitated adult. The guardian has a legal right and duty to care for the ward. This may involve making personal decisions on his or her behalf, managing property or both. Usually, a person has the status of guardian because the ward is incapable of caring for his or her own interests due to infancy, incapacity or disability.

Courts generally have the power to appoint a guardian for an individual in need of special protection. There are different types of guardians that can be appointed. A guardian with responsibility for both the personal well-being and the financial interests of the ward is a general guardian. A person may also be appointed as a special guardian, having limited powers over the interests of the ward. A guardian appointed to represent the interests of a person with respect to a single action in litigation is a guardian ad litem.

What is a final arrangements document?

A final arrangements document is a way to express your death and burial preferences in writing. A typical final arrangements document may include:

• The name of the mortuary or funeral home that will handle burial or cremation
• How your remains will be transported to the cemetery/memorial park and grave site
• Details of any ceremony you want before the burial or cremation
• Who your pallbearers will be (if desired)
• Type of casket or container in which your remains will be buried or cremated, including whether you want it present at any after-death ceremony
• Details of any marker you want to show where your remains are buried or interred
• Where your remains will be buried, stored, or scattered
• Details of any ceremony you want to accompany your burial, interment, or scattering

Can I include my final arrangement preferences in my Will?

A will is not a good place to express your death and burial preferences because it probably won’t be located and read until several weeks after you die. The Will should be reserved for the purpose of dictating how you want your assets distributed.

What happens if I don’t prepare a final arrangement document?

If you die without leaving written instructions about your death and burial preferences by preparing a final arrangements document, state law will determine who will have the right to decide how your remains will be handled. In most states, the following people (in this order) have the right to decide, and the responsibility of paying for the reasonable costs of disposing of the remains: spouse, child or children, parent or parents, the next of kin, or a court-appointed public administrator. Disputes may arise if two or more people share responsibility for final arrangement decisions, such as whether the body of a parent should be buried or cremated. These disputes can be avoided if you are willing to do some planning, and express your desires in writing.