FAQ

Serving Florida, Spencerport, NY and Surrounding Areas

FAQs

Law Office of Matthew J Lester, PLLC

Have a(n) industry-related question? We have the answer. Check out these FAQs and give us a call today for more information!

  • 1. Why is it important to have a Last Will & Testament?

    Having a Last Will and Testament is important as it allows individuals to specify how they want their assets to be distributed after their passing. It provides clarity and legal validity to their wishes, ensuring that their loved ones are taken care of and their assets are distributed according to their preferences. Additionally, a Will can help avoid potential disputes among family members and provide peace of mind knowing that one’s affairs are in order. 

  • 2. What is the purpose of Estate Planning?

    The purpose of estate planning is to ensure that an individual’s assets are managed and distributed according to their wishes in the event of their passing. Estate planning involves creating legal documents such as Will, Trusts, and Powers of Attorney to outline how assets should be distributed, who should make decisions on behalf of the individual if they become incapacitated, and how taxes and other financial matters should be handled. By engaging in estate planning, individuals can protect their assets, minimize taxes, and provide for their loved ones in a structured and organized manner. 

  • 3. Why is it important to have a Power of Attorney?

    Having a Power of Attorney is important as it allows individuals to designate someone to make legal and financial decisions on their behalf in the event that they become incapacitated or unable to make decisions for themselves. This legal document grants the designated individual, known as the agent or attorney-in-fact, the authority to manage the individual’s affairs, such as paying bills, and managing investments. By having a Power of Attorney in place, individuals can ensure that their interests are protected and that someone they trust able to act on their behalf when needed. 

  • 4. How can Estate Planning Protect Assets?

    Estate planning can protect your assets by allowing you to specify how you want your assets to be distributed after your passing, thereby minimizing the risk of disputes among family members and ensuring that your wishes are carried out. Additionally, estate planning can help minimize estate taxes and other financial obligations, allowing you to maximize the value of your assets for your beneficiaries. By creating legal documents such as Wills, Trusts, and Powers of Attorney, you can establish a clear plan for the management and distribution of your assets, providing protection and security for your estate. 

  • 5. What is a trust?

    A trust is a legal arrangement in which a person, known as the trustor or settlor, transfers assets to a trustee to hold and manage for the benefit of one or more beneficiaries. The trustee is responsible for administering the trust according to the terms outlined in the trust documents. Trusts can be used for various purposes, such as asset protection, estate planning, and charitable giving. They provide a way to manage and distribute assets outside of the probate process, offering flexibility and control over how assets are managed and distributed to beneficiaries. Trusts can be revocable or irrevocable, depending on the specific goals and needs of the trustor. 

  • 6. Why do I need an attorney when I am selling or purchasing real estate?

    Having an attorney when selling or purchasing real estate is important as they can provide legal expertise and guidance throughout the transaction process. Real estate transactions involve complex legal documents, contracts, and regulations that can be difficult to navigate without professional assistance. An attorney can review and negotiate contracts, ensure that all legal requirements are met, conduct title searches to uncover any potential issues with the property, and provide legal advice on any potential risks or liabilities. By having an attorney involved in the process, you can protect your interests, ensure a smooth transaction, and avoid potential legal pitfalls. 

  • 7. Why is it important to have an attorney handle landlord/tenant issues?

    Having an attorney handle landlord/tenant issues is important as these legal matters can be complex and may involve various laws and regulations that can be difficult to navigate without legal expertise. An attorney can provide valuable guidance and representation to ensure that your rights are protected and that any disputes are resolved in a fair and lawful manner. Additionally, an attorney can help you understand your rights and obligations as a landlord or tenant, negotiate agreements, and represent you in court if necessary. By having an attorney handle landlord/tenant issues, you can avoid potential legal pitfalls and ensure that your interests are safeguarded. 

  • 8. Why is it important to form a Limited Liability Company (LLC) or Corporation for my business?

    Starting an LLC or a corporation for your business offers several benefits that are crucial for protecting your personal assets, establishing credibility, and facilitating growth. Additional advantages why creating such an entity is important include: Limited Liability Protection, Credibility and Professionalism, Tax Flexibility, Perpetual Existence, Access to Funding, Separation of Personal and Business Finances, Scalability and Growth. These advantages make it an important step for many entrepreneurs and business owners. However, it’s essential to consult with legal and financial professionals to understand the specific implications and requirements based on your unique circumstances and goals. 

  • 9. Do we offer at-home consultations?

    Yes. We also offer teleconferences (i.e. Zoom, FaceTime, Microsoft Teams, etc.) if you are unable to travel. An in-person conference is not required. However, upon document execution, an in-person meeting will be required whether at the law office or a location convenient for you. We travel across Monroe County for home visits, including, Albion, Batavia, Brockport, Chili, Gates, Greece, Hamlin, Holley, Hilton, Penfield, Pittsford, Rochester, Spencerport, Webster, and surrounding areas. 

  • 10. In what additional States are you licensed to practice law in?

    In addition to being licensed in NY, I also am licensed to practice law in the State of Florida. If you find yourself in need of legal assistance on a Florida matter. Please feel free to contact me. 



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