Estate Planning Issues

Proper estate planning allows the peace of mind in knowing that you have taken control of your assets.

New York Wills

A properly prepared and executed Will allows you to make certain that your assets are distributed pursuant to your wishes upon passing. The elder law attorneys at Nicholas T. Montalto know the personal nature of executing a Will. We review all of your assets and help you determine the manner in which you want that property to be distributed upon your death. We discuss all of the various options available so that you may make an informed decision regarding the disposition of your estate. Upon completion of the Will we make certain that it is executed pursuant to the specific requirements of New York law.

Powers of Attorney

A properly prepared Power of Attorney is an important tool in estate planning. A Power of Attorney allows others to take care of your personal business needs if you are incapacitated. Powers of Attorney can be limited in scope or broad in their powers. It can be limited to banking transactions or it can apply to all personal business matters. A Power of Attorney can provide the peace of mind in knowing that your personal business matters can be taken care of by others if you are ill. The elder law attorneys at the offices of Nicholas T. Montalto, P.C. assist our clients in executing the proper Power of Attorney so that their personal business matters may be attended to if they are unable to do so themselves.




The creation of a trust may be a useful estate planning tool. We assist our clients in determining if the establishment of a trust is appropriate for their estate planning needs and provide expert advice and counsel with regard to the appropriate type of trust.

Health Care Proxy and Medical Directives

No matter your age, a healthcare proxy and medical directive is essential. A healthcare proxy is an instrument wherein you appoint someone to make medical decisions for you when you are unable to speak for yourself. A properly prepared healthcare proxy allows you to receive quick medical treatment without the delays that are encountered when a hospital does not know whom to contact to receive medical instructions. A medical directive (commonly known as a living will) allows you to express your wishes as to the extent of the care to be rendered when you are unable to speak for yourself. By executing a medical directive you can be certain that your choices regarding medical treatment are followed.