FAQs

Browse Some Common Real Estate, Wills, & DWI Questions
Our Attorney Serves Evans, West Seneca, Orchard Park, Hamburg, NY, & Beyond!

Our knowledgeable attorneys hope to address the most common legal concerns people face in the Hamburg, Orchard Park, West Seneca and Evans, NY area. Whether you’re buying or selling property, dealing with criminal charges, planning your estate, or navigating probate, our experienced lawyers can offer clear, straightforward answers to help you understand your situation and your options. We believe well-informed clients are empowered clients — and knowing the right questions to ask makes a meaningful difference when discussing legal matters. Explore the questions below, and if you don’t find the answers you’re looking for, we're just a call or message away.

Find the Information You Need Below

  • What is a DWI?

    A DWI, or Driving While Intoxicated, refers to the act of operating a vehicle while under the influence of drugs or alcohol. This is a serious offense that can result in the suspension of your driver’s license, fines, and possible imprisonment. Your blood-alcohol content (BAC) is how it is determined that you are charged with a DWI. A BAC of .08 or higher for the typical driver while a BAC of .04 for commercial drivers results in the charge of a DWI. 

  • What are the potential consequences of a DWI conviction?

    The consequences of a DWI conviction depend on several factors such as past DWI convictions, your BAC level, and the jurisdiction you are in. However, they generally include the following possible consequences: license suspension, fines, jail time, alcohol education classes and treatment programs, community service, probation, and increased insurance premiums. To learn more about the legal consequences of a DWI in New York State, visit the DMV’s website.

  • Can I refuse a breathalyzer test if pulled over for suspicion of a DWI?

    Yes, you can refuse a breathalyzer test if asked to do one by a police officer. However, you should know that there are consequences to doing this. Refusing to take a breathalyzer test triggers an automatic one-year license suspension and a $500 fine.

  • What is real estate law?

    Real estate law encompasses the legal regulations and principles that govern various aspects of property ownership, transactions, and disputes. It covers a wide range of issues, including property sales and purchases, leases, zoning and land use, financing, title transfers, landlord-tenant relationships, and more. Real estate law ensures that individuals and businesses can navigate the complexities of property transactions and resolve disputes fairly and legally.

  • What is the role of a real estate attorney?

    A real estate attorney is there to provide legal advice and representation in legal matters relating to real estate. They play a crucial role in ensuring that all matters related to real estate transactions and financing follow the letter of the law. Attorneys can assist their clients in numerous ways such as drafting contracts, negotiating deals, and resolving disputes. Their expertise helps protect the rights and interests of their clients in real estate matters.

  • What are some common real estate legal issues?

    Real estate transactions can involve a range of legal issues. Some common examples include:


    • Title Issues: Disputes or discrepancies related to property ownership, liens, encumbrances, or easements can arise, requiring legal resolution.


    • Contract Disputes: Disagreements over the terms, conditions, or performance of a real estate contract, such as purchase agreements or lease agreements, may require legal intervention.


    • Landlord-Tenant Disputes: Issues related to lease agreements, rent payments, property maintenance, eviction proceedings, or tenant rights can lead to legal conflicts.


    • Zoning and Land Use: Matters involving zoning regulations, land development, permits, variances, or environmental compliance may require legal guidance.


    • Foreclosure and Bankruptcy: Legal issues can arise when dealing with foreclosure proceedings, mortgage defaults, or bankruptcy filings related to real estate.


  • Why do I need a will attorney?

    A will is a legal document that records the wishes of a person. This can include things like who will take ownership of their assets, what may or may not happen with their body, and the appointment of guardians for minor children. A will attorney specializes in estate planning and can provide valuable guidance and expertise in creating a legally sound and comprehensive will. They will help draft a will that properly documents your wishes and is legally enforceable. A will attorney can also assist in minimizing potential tax liabilities and avoiding disputes or challenges to your will in the future.

  • What is the process of creating a will with a will attorney?

    The process of creating a will with an attorney often involves a few simple steps. The first step is to schedule an initial consultation to discuss your wishes, the assets you own, and any considerations or concerns that you may have. The attorney will then draft a will on your behalf. When the draft is complete, you will be allowed to review it and make any necessary changes. Once that is completed, the attorney will oversee the signing and witnessing of the will to ensure it meets all legal requirements.

  • Can I write my own will or use an online template instead of hiring a will attorney?

    You can use an online template to create a legal will. However, it is recommended that you hire a will attorney when drafting a will because an online DIY template may not adequately address your needs or comply with the legal requirements in your jurisdiction. An attorney will be able to discuss all things with you including distribution of assets, tax liabilities, and guardianship of minor children. They will ensure that your will meets all legal requirements and covers all your concerns and considerations. Hiring an attorney will also give you peace of mind that your wishes are properly recorded and legally enforceable

Contact Us With Additional Questions

At the law office of Walter L. Rooth, III, we are experienced and knowledgeable in the areas of criminal law, real estate, wills & estate planning. Whether you need a DWI attorney to represent you or an estate attorney to ensure your affairs are in order, we are here to help. Our will and probate attorneys can help with the drafting of a will as well as assist in the execution and distribution of a lost family member's assets. If you're taking care of a complex real estate transaction, let our real estate lawyer help you draft and review the many legal documents that come with buying and selling property.


We understand that legal situations can be stressful and overwhelming, which is why our office is here to answer all your questions. We serve residents in Hamburg, Orchard Park, West Seneca, Evans, NY, and the surrounding areas. When you need a reliable, DWI, real estate, will, probate, or estate attorney, look no further than Walter L. Rooth III. If you have additional questions that were not answered by the provided FAQs, call us today or submit questions to our contact form.