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Why Every Adult Should Have a Will: Protecting Your Loved Ones

Wed, 21 May 2025 14:00:46 GMT

Plan for the Future With a Qualified Will Attorney

Planning for the future may not be the easiest decision, but it is one of the most critical steps you can take to protect the people you care about most. A legally binding will ensures your wishes are respected and makes provisions to provide for your loved ones. While nobody wants to think about this process, creating a will can provide incredible peace of mind.

Let’s explore the importance of having a will, how it protects your loved ones, and how enlisting help from an estate planning professional can help simplify the process.

What is a Will and Why Do You Need One?

A will is a legal document that outlines how your assets, belongings, and finances will be distributed after your passing. Without one, the process of settling your estate becomes far more complicated, often leading to unnecessary stress and expenses for your surviving family members.

Here’s why a will is essential for every adult, regardless of what your situation might be:

Protect Your Loved Ones: A will stipulates your wishes in regards to how your assets are distributed. Without a will, state laws will determine how your estate is divided, which might not align with your intentions.
Designate Guardians for Minor Children: If you have children or other dependents, a will allows you to name guardians; this ensures that they will be cared for by someone you trust if something should happen to you.
Avoid Conflict Among Family Members: A clear and legally binding will reduces the likelihood of inheritance disputes, harmonizing family relationships during difficult times.
Reduce Delays and Expenses: Proper estate planning minimizes delays and reduces costs during probate, allowing your loved ones to access your assets more efficiently.

Protect Your Estate with the Help of a Will Attorney

Creating a will may seem overwhelming, but working with an experienced will attorney can simplify the process. At Walter L. Rooth III, Attorney at Law, we provide personalized estate planning services that are customized to fit each individual’s unique situation.

Whether you need assistance writing a will, updating an existing one, or understanding how different estate planning tools can work together, our team is here to help. We also help clients minimize estate taxes, verify that their wills follow New York's legal requirements, and close any additional loopholes. This might include establishing trusts, designating healthcare proxies, or appointing a durable power of attorney.

Our office takes pride in offering not only legal knowledge but also compassion and understanding as you make these essential decisions.

How Walter L. Rooth III, Attorney at Law Can Help

At Walter L. Rooth III, Attorney at Law, we serve clients throughout Hamburg, Orchard Park, Evans, and West Seneca, NY, offering professional estate planning services for our clients’ peace of mind. Here’s why local residents choose our firm to handle their will and estate planning needs:

Comprehensive Professional Knowledge: We offer wills, trusts, estate administration, and probate to make sure that every aspect of your plan is covered.
Personalized Approach: We take the time to understand your unique family dynamics, financial situation, and goals. This helps us create a customized strategy to meet your needs.
Peace of Mind: Our knowledgeable team guides you through the entire process, providing peace of mind every step of the way.

Get Started With Your Estate Planning Today

Creating a will is one of the most important steps you can take to protect your loved ones and ensure your wishes are honored. Don’t wait to put your plans in place. The experienced team at Walter L. Rooth III, Attorney at Law is here to help. Give your family the gift of security and clarity for the future. Contact us today to get started.

How to Prepare for Your First Meeting With an Estate Attorney

Fri, 27 Sep 2024 19:59:18 GMT

Are You Concerned About How to Prepare for Your First Meeting With an Estate Attorney?

Meeting with an estate attorney for the first time can feel overwhelming. However, with the right preparation, you can make the most of your consultation and go into your meeting with confidence. Here are some steps to help you get ready:

Gather Important Documents

Before your meeting, you’ll want to gather all relevant documents that your estate attorney might need to review. This includes:

Will or Trust Documents: If you already have an existing will or trust, bring copies for your attorney to review. Whether you want to make changes or completely restructure your estate, it’s helpful to have a starting point.
Financial Statements: To plan your estate, it’s important to have an accurate accounting of your assets. Gather bank statements, investment accounts, and retirement accounts so that your attorney can get an idea of what provisions will need to be made. You’ll also want to bring any information about your debts, including outstanding loans, mortgages, and credit card balances.
Assets: Bring deeds for any real estate you own. This helps ensure that you plan for every piece of property in your possession. You’ll also want to bring deeds for any vehicles you own, as well as information about any other assets of value.
Insurance Policies: If you have any standing policies for yourself or any relevant family members, you’ll want to bring them to your meeting. Include life insurance, health insurance, and any other relevant policies.
Business Documents: If you own a business, bring any relevant documents such as partnership agreements or LLC operating agreements.

Identify Beneficiaries

Make a list of your intended beneficiaries, including their full names, addresses, and relationships to you. This will help your attorney draft documents that accurately reflect your wishes. You’ll also want to make a plan for any dependents in your life to ensure that they are cared for in case of unexpected developments.

Consider Your Goals

Think about what you hope to achieve with your estate plan. Do you want to minimize taxes, provide for a specific dependent or family member, or make sure that your assets are distributed according to your specific wishes? Having clear goals ahead of time will help your appointment with your estate attorney proceed as efficiently as possible.

Prepare Questions

It’s likely that you’ll have a lot of questions for your attorney, but it can be difficult to remember during the meeting itself. Start a list in the time leading up to your appointment; use it to write down any questions you have for the attorney. This could include queries about the estate planning process, specific legal strategies, or how to handle unique family situations.

Practical Preparation

When scheduling your meeting, be sure to confirm the length of the consultation and any specific documents that you should bring. Arrive a few minutes early to make sure that you have time to locate the office and fill out any necessary paperwork. During the meeting, be honest and informed; you’ll need to provide accurate and complete information about your financial situation and family dynamics. Be prepared to take notes and bring your list of questions to ensure that you have complete clarification over everything. Your estate attorney will want you to be as informed as possible when you leave your meeting.

Don’t Be Afraid to Reach Out

By following these steps, you'll be well-prepared for your first meeting with our estate attorney and set the stage for a productive and informative consultation. If you have any specific questions about wills, probate, or any other aspect of estate planning, it’s a beneficial idea to seek professional assistance. If you’re looking for an estate or probate attorney in the Hamburg , O rchard Park , W est Senec a , or Evan s , NY area, feel free to contact Walter L. Rooth III Attorney to schedule a consultation. We look forward to working with you!

What Types of Deeds Are There?

Wed, 14 Sep 2022 12:25:14 GMT

The Types of Deeds Available

A deed is a legal instrument that enables the transfer of interest in real estate property. However, there is no one simple type of deed that covers every transaction. Several types of deeds are used for real estate transactions. Below, we will list them and explain what they are for you:

Quitclaim Deed: This deed makes no guarantees to the seller about the seller’s ability to sell the property, encumbrances, or if the seller is the owner of the property. As a buyer, it would be in your best interest to avoid this type of deed if possible.

Warranty Deed: A warranty deed provides the most protection to buyers. It guarantees that the seller is the owner of the subject property, the property is not subject to undisclosed encumbrances, and the seller agreed to defend the title from any claims against it.

Bargain & Sale Deed: This type of deed only guarantees that the seller is the true seller of the property. This offers little protection for buyers because it only guarantees that the seller can transfer ownership of the property.

Contact Our Real Estate Lawyer Today!

Walter L. Rooth III Attorney is a real estate lawyer serving the Hamburg , Evans , West Seneca , and Orchard Park , NY areas. We work with both buyers and sellers of real estate to draft and review deeds for the transfer of ownership interests in a property. It does not matter the type of deed that you want to be drafted on your behalf or reviewed before the purchase of your new property, we can help you. Contact our real estate attorney today for all your real estate law needs!

Tenants’ Rights and When to Hire a Real Estate Lawyer

Mon, 09 Aug 2021 20:48:13 GMT

The Right Real Estate Lawyer Will Remain by Your Side

It can be tough deciding when it is time to get a lawyer involved when you are having issues with your landlord. It can also be uncomfortable approaching your landlord with some serious issues that you may be having. That is why you can have a lawyer step in to do this job for you. When it comes to more serious issues with your landlord, our attorneys at law can represent you, so your landlord fully understands your concerns.

Here are some instances when you may need to get a lawyer involved with your landlord problems.

You’re Being Evicted, But Your Landlord Hasn’t Gone Through the Proper Court Procedures to Do So

Landlords are supposed to go through a set list of procedures when evicting a tenant. Your landlord is not allowed to evict you by locking you out of the apartment, canceling your utilities, or partaking in any action that takes matters into their own hands. If your landlord hasn’t gone through a specific, state-guided process to evict you, it may be time to consider getting one of our attorneys involved.

You Have Been Seriously Injured Due to Your Landlord’s Negligence

If you have injured yourself on your landlord’s property, they could be liable for their own negligence. Your landlord is supposed to take care of anything on their property that can cause illness or injury. If you have been seriously injured due to your landlord’s carelessness, get in touch with our lawyers to see what we can do for you.

You’re Landlord Isn’t Making Necessary Repairs

It could be time to check your lease if your landlord isn’t making the repairs to their property that they said they would. If your landlord isn’t carrying out important obligations that they said they would on your lease, or if they’re not making necessary repairs like fixing a broken window, our lawyers are there for you.

Get in Touch with the Trusted Lawyers at Walter L. Rooth III Attorney

If you are experiencing any of these situations listed above or need a DWI attorney, real estate lawyer, or will attorney, please get in touch with Walter L. Rooth III Attorney. We are more than prepared to represent those in the Hamburg, NY ; Evans, NY ; Orchard Park, NY ; West Seneca, NY areas.

Your Guide to New York Property Taxes

Thu, 01 Jul 2021 16:46:54 GMT

Learn More About New York Property Taxes With Our Real Estate Lawyers

If you reside in New York state and own a property, you know how complicated and confusing property taxes can get. The real estate lawyers at Walter L. Rooth III Attorney at Law are here to help you gain an understanding on New York property taxes & what they entail.

According to the nonprofit Tax Foundation, New York state property taxes are some of the highest in the nation. Although that may be true, New York state does not benefit from the tax revenues because it does not impose them. Local governments, county governments, & school districts in New York impose their property taxes. The state code does offer exemptions for people who use their homes as their primary residences, as well as senior citizens, veterans, and people with disabilities. Property taxes in New York are then utilized by the local institutions that impose them for things such as road maintenance, police & fire departments, schools, and other things within the local area.

New York Tax Assessments

If you recently purchased a property in New York state, you may think that once your property taxes are assessed, that the work on that is over. The truth is that New York state properties are re-assessed every year. You can appeal your assessment if you disagree with it. New York state law requires that all properties in each municipality except New York City and in Nassau County must be assessed at a uniform percentage of market value each year.

Property Tax Exemptions & Reductions

As previously stated, there are some exemptions to these property tax rules in New York state. Property tax exemptions reduce the assessment of your property's value, which is what your property tax bill is based on when your local rate is applied to it. Here are the exemptions in New York state:

Senior Citizens: New York State law allows local governments and school districts to give qualifying senior citizens up to a 50% reduction in the assessed value of their residential property. To qualify for this exemption, you must be 65 years old or older, maintain a specified income, and other requirements that differ by area.
Disabled Persons: If you or a loved one have documented evidence of being disabled, you qualify for New York state tax exemptions. You must also meet certain income limitations and other requirements as determined by each locality. The standard exemption is about 50% off the value of the property.
Veterans: If you are a veteran and have purchased your property with money from your pensions, bonuses, or insurance settlements, you qualify to receive an exemption that reduces your assessments. Local governments are also allowed to give exemptions to veterans who served during wartime or who received an expeditionary medal. A third exemption is allowed specifically for Cold War veterans.
STAR Exemptions: Residents of New York state who own & live in their one, two, or three-family home, condo, cooperative apartment, manufactured home, or farm dwelling are eligible for a STAR exemption on their primary residence. This specific exemption is usually equal to $30,000 off the full value of the property for school taxes only.

If you have any more questions regarding New York state property taxes or how that will affect you, don't hesitate to contact us today. Our real estate lawyers can assist you throughout the property tax process across Hamburg , Orchard Park , West Seneca , NY & beyond!

Probate Law: What Is It & Why Is It Important?

Wed, 26 May 2021 18:51:11 GMT

Learn More About the Importance of Hiring the Right Probate Attorney

Probate is the judicial process in which a previously made will is “proved” in the court of law and accepted as valid. This means that the court will verify that the details within the will are carrying out the deceased person’s desires. Grieving is hard enough in and of itself, but adding wills and probate law on top of it can add stress. Knowing information about wills & probate law ahead of time will keep you from getting caught by a surprise and will also alleviate stress during a hard time. Probate also takes place when there is no will for the deceased person. A probate court must decide how to distribute the assets of the deceased’s estate to their loved ones. Read on to discover more about how probate works & what probate court is.

How Does Probate Work?

Although probate does have to deal with the decedent's assets, that is not all it entails. Probate lawyers and administrators must create a probate packet that has numerous important documents in it. Here are the general steps of the probate process:

Receiving the death certificate: This document is needed to obviously prove that the person is, in fact, dead.
Petitioning the court to become executor: The executor of the will files for probate. The executor is responsible for choosing the correct probate procedure if the state offers more than one.
Identifying decedent's assets: The executor is responsible for getting property appraised if it has not already been done.
Paying debts, taxes, or other unpaid expenses: If any creditors are still owed money from the estate, the estate must notify them of the descendant’s passing. For taxes, probate executors are responsible for paying any taxes that the decedent owed.
Notifying beneficiaries and distributing assets: Once the above have been completed, the will attorney or probate executor must notify the beneficiaries of the will. Failure to do so will result in a lawsuit.

What is Probate Court?

The probate court is a specific court where the will attorney or probate executor presents the official will to the judge for verification. If someone happens to testify in any part of the probate process, they will have to file paperwork in the probate court.

Assistance With Probate Law & Wills

Walter L. Rooth III Attorney is the trusted choice for will & trust attorneys throughout Hamburg , Orchard Park , West Seneca , NY & beyond. Our will attorneys can help you get your assets in order and get the documentation ready ahead of time so that your family or loved ones do not have to deal with it. Don't hesitate to contact us today for more information.

What Can A Real Estate Lawyer Do For You?

Mon, 03 May 2021 15:41:43 GMT

There's No Overstating the Importance of the Right Real Estate Lawyer!

Typically in New York State, both the buyer and seller of a property have their own attorney to represent them at the closing. While a real estate attorney isn’t legally required in some states, it simply makes sense to have someone on your side to handle one of the most important purchases of your life. Take a look at this post to get more information on the role of a real estate lawyer and why you might need one.

About The Closing Process

The closing process involves communicating offers between the buyer and seller, as well as putting together a contract and ensuring the home inspection is completed. The attorney takes care of all of this in addition to working out any issues along the way, including reviewing the title report and resolving lien issues, preparing the actual deed and transfer tax return documents, and calculating the amounts owed. Once the contract is signed by both parties, the attorney will deposit the down payment.

The Importance of an Attorney

Your real estate attorney should help you understand all the documents involved in a real estate transaction and make sure you are being fairly represented. Documents signed during this process are legally binding, and your attorney will make sure payments are accurate.

Who to Trust with Your Real Estate Transaction

Walter L. Rooth III Attorney has assisted clients with property sales, mortgage lending and borrowing, corporate relocation, and foreclosure and default services in New York State. We have a deep understanding of state and local government laws and can help our clients navigate them. No matter how complex the real estate transaction, we can help you negotiate on your behalf and make sure the process is as stress-free as possible.

Contact us today to schedule a consultation. We assist those in Hamburg , Orchard Park , West Seneca and the surrounding areas with their real estate needs.

Are Handwritten Wills Legal in New York State?

Thu, 25 Mar 2021 19:30:15 GMT

Learn More About Today's Wills With Our Local Probate Attorney

A will is an important estate planning document that specifies the manner in which your assets will be distributed after your death. It also appoints an executor, who will be the person responsible for managing your estate and distributing your assets according to your wishes. A will makes provisions for your children, pets, property, any savings or retirement accounts, insurance policies, and more. Naturally, it's incredibly important to have a will - and to make sure yours is legally valid in your state. In New York, there are specific requirements that dictate whether a will is valid or not.

While most wills in New York State are typed, witnessed, and signed through the proper channels, there are circumstances through which handwritten wills can be considered valid. These circumstances are extremely specific; if you want to ensure that your handwritten will is legally sufficient, it's best to consult an experienced will attorney who specializes in such matters.

What are New York's Requirements for a Valid Will?

In New York, there are specific requirements that must be followed for a will to be considered valid and admitted to probate. In most cases, the will must be signed at the end by the testator (the person who wrote the will), or by another approved person at the testator's direction. There must also be two witnesses who sign the will; they either need to be present when the testator signs, or the testator must acknowledge to each of them that he or she did sign the will. If these requirements are not followed, the Surrogate's Court judge might refuse to admit the will to probate.

What is a Holographic Will?

A holographic will is a will that has been entirely handwritten by the testator and was not signed by any witnesses. This type of will can be considered legally valid in New York, but only under very specific circumstances. If you are an average citizen and decide to jot down your last wishes on a piece of paper, this will not be considered a legal will. The purpose of New York's requirements that two witnesses observe a testator sign is to reduce the possibility of fraudulent wills being admitted to probate. Holographic wills pose a potential problem of proof, because nobody has witnessed the drafting or signing of the will.

So when is a holographic will considered valid?

In New York, holographic wills are only considered valid if you are an active duty member of the United States armed forces or if you are accompanying a member of the armed forces during a time of conflict. A holographic will becomes invalid one year after the testator ceases serving with the armed forces, so if you have handwritten a will and it has been more than a year since you left service, it's important to visit a will attorney immediately to draft a new one.

What Happens if You Die Without a Valid Will in New York?

A handwritten will is a unique type of will that can only be considered valid in very specific circumstances. In all other instances, a handwritten will not be considered valid or sent to probate. If this happens, your estate will be treated as though you died without leaving a will. It will be distributed among your surviving family according to the guidelines set down by the state; if you have no surviving family or relatives, your estate will end up in the hands of the state of New York.

If you want your estate to be distributed according to your wishes, it's important to make sure you have a legally valid will. An experienced wills attorney can help you determine whether your handwritten will is legally binding; if it is not, then there is no better time to draft a valid one. Walter L. Rooth III Attorney provides experienced advice to Orchard Park, West Seneca, Hamburg, and the surrounding areas of Western New York. We know that the wills and estates process can be difficult, so we will be there to assist you every step of the way. Contact us if you would like to begin the process of making your estate plans!

Partition Action & How a Real Estate Lawyer Can Help

Mon, 01 Mar 2021 20:30:15 GMT

An Experienced Real Estate Lawyer Will Help to Handle Partition Action

Have you ever wondered what happens to a property that is purchased by an unmarried couple when the couple separates? If the couple can decide what they’re going to do with the property fairly and amicably, that’s good for all parties involved, but that doesn’t always happen. What if there’s a dispute between the two parties about the property purchased and what its future should be? How is that handled?

Defining Partition Action

In rare cases when an unmarried couple separates and cannot decide how to handle jointly purchased property, a partition action may be necessary to resolve the issue. A partition action is the court-ordered sale of the property in dispute, with the profits from the sale being split between the two parties. A partition action may be necessary for a dispute where two or more people co-own the same piece of real estate together, but no longer wish to own the property together. This can be a confusing situation, which is why an experienced real estate lawyer will need to be hired to help untangle the mess.

Who Comes Away with What in a Partition Action Case?

When a partition action is ordered, the property in question will be sold, as requested by the court, and the profits of the sale will be divided up between the respective co-owners, based on each owner’s respective contribution to the purchase of the property originally. To determine how much each party should receive from the sale, an attorney will need to examine tax statements, mortgage payments, receipts, and more to determine who paid for which expenses in regards to the property in question.

How Can an Attorney Help?

An attorney may also be necessary for a partition action situation where one or more parties wishes to continue ownership of the property in question. One of the parties may wish to buy out the other. This whole process will need to be overseen by an attorney. The legal transfer of funds from one party to another will need to be ensured by a lawyer well versed in partition action.

Additional disputes involving the use of the property in question or the potential future sale or division of parcels of land on the property will also require the assistance of legal counsel. Any partition action dispute is best resolved with the help of an experienced attorney.

Need a Real Estate Lawyer?

Walter L. Rooth III, Attorney is an experienced real estate lawyer who can help with partition action cases in West Seneca , Orchard Park and Hamburg, NY . Walter is well versed in real estate law and in reviewing documents and handling complex real estate transactions. While the process is confusing, having a knowledgeable lawyer like Walter L. Rooth III, Attorney on your side will help. Protect your best interests by calling Walter L. Rooth III, Attorney. He would be happy to help you through the partition action process.

What Happens When the Seller Backs Out of a Real Estate Deal?

Mon, 01 Feb 2021 17:39:07 GMT

The Right Real Estate Lawyer Will Help to Handle This Unfortunate Scenario

In the unfortunate event that a seller backs out of a real estate deal you are involved in, there are several things that will need to be done to make sure you are protected. We understand that this is a frustrating situation, but it’s important that you have all of the information you need to make the proper decisions moving forward. Please continue reading below to learn more about the steps to take once a seller has backed out of a deal that has been agreed upon.

Have An Attorney Look Over Your Contract

We suggest you have a real estate lawyer look over your contract to make sure the seller is legally allowed to back out of the deal without penalty. If you have met all time limits and held up your end of the bargain, you may be able to take legal action. If legal action is brought up, the seller may be inclined to go through with the sale or be willing to negotiate.

Speak to the Seller Directly

One thing that you can do is to speak with the seller. By speaking to them, you may be able to find out why they no longer want to sell. If they have gotten cold feet and no longer want to sell the property, you may be able to negotiate a refund that covers your earnest money and any expenses that you have incurred.

Know All Your Legal Options

Aside, from recouping your money, it may also be possible to force the seller to sell through the remedy of specific performance. Other legal options are available as well including a lien. To know all of your legal options it is suggested to reach out to your attorney or one who is experienced in real estate law.

When you are in need of a trusted real estate lawyer, we ask that you give our team at Walter L. Rooth III Attorney a call . We have years of experience handling legal issues associated with real estate deals and will be happy to lend our expertise to your situation soon. We proudly serve those throughout Hamburg , Orchard Park , West Seneca, NY and the surrounding areas.

What A Real Estate Lawyer Can Do For You

Fri, 20 Nov 2020 16:53:38 GMT

Learn More About the Role of Today's Real Estate Lawyers

Buying or selling a home is more than a simple transaction, it is a legal transfer of a property from one entity to another. The legal side of this transaction can be very complex, which is why it makes sense for both buyers and sellers to hire a real estate lawyer. A real estate lawyer has the knowledge and experience to advise parties involved in a real estate transaction and is there to look out for their best interests.

Buying or selling a home is a complex process that requires knowledge of and familiarity with local, state, and federal laws. A real estate lawyer helps you protect your investment and assets while ensuring you’re conducting your side of the transaction legally — which can prevent costly missteps.

While most people hire a realtor when buying or selling a home, many forget the importance of partnering with a real estate lawyer. It is incredibly beneficial to have a real estate attorney on your side to guide you through the process.

Using a Lawyer - Benefits for Buyers

Your real estate lawyer is there to help you protect one of the most important, and expensive, purchases of your life. Attorneys are responsible for many things including:

Ensuring all documents are in order
Perform title searches and review of title document
Preparation of the sales and purchase agreement
Assist with issues that arise during the inspection process
Reviews the contract and eliminates any anomalies
Ensure transfer of funds are completed correctly
Provides legal representation during the closing process
Peace of mind and makes sure the transaction goes smoothly and timely

Using a Lawyer - Benefits for Sellers

Your real estate lawyer is there to protect your best interests and make sure all bases are covered as you sell your property. There are a lot of things to consider during the sale of your property, but having a real estate lawyer on your side can help ease this burden and get you to closing quickly.

Guided you through the selling process
Ensure all paperwork is in order from signing to closing
Ensures the selling process runs smoothly
Review the contract and explains real estate jargon to ensure understanding
Preparation of closing papers such as the deed
Provides invaluable assistance during the process

Contact Us Today

In NY state, attorneys are legally required as part of the closing process. If you are searching for a real estate lawyer, look no further than Walter L. Rooth III Attorney . We serve those in Hamburg , Orchard Park , West Seneca, NY , and all of the surrounding communities. Call today to learn more .

Walter L. Rooth, III Named Hamburg Town Attorney

Wed, 22 Jul 2020 13:23:49 GMT

Walter L. Rooth III Was Recently Named Hamburg Town Attorney

Democrats take over Hamburg Town Board

It was a quiet reorganization of the Hamburg Town Board, and most votes were unanimous Monday, but the town does have a new town attorney, new safety coordinator and Planning Board member – courtesy of a new Democratic majority.

Walter L. Rooth III returns to the town attorney's job, while Mark Walling was appointed deputy town attorney and Laura El-Bahtity was appointed town prosecutor, on a 3-2 vote.