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Buffalo Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
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AV Preeminent Peer Rated Attorneys
Buffalo Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Buffalo Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).

Barclay Damon, LLP

  • Three Fountain Plaza, Buffalo, NY 14203-1414

Lawyers At This Firm

John M. Garrity, Attorney

  • 1773 Hertel Ave., Buffalo, NY 14216-3001

Mark J. Peszko

  • 403 Main Street, Buffalo, NY 14203

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Bloom & Shonn, LLP

  • 6 N. Pearl St., Buffalo, NY 14202

Daniel M. Griebel

  • 1500 Statler Twrs., Buffalo, NY 14202

Carney & Carney

  • 43 Court Street, Suite 1102, Buffalo, NY 14202-3111

R. Thomas Burgasser, PLLC

  • 825 Payne Avenue, Buffalo, NY 14120

Law Offices of Emil J. Cappelli

  • 470 Starin Ave., Buffalo, NY 14216-2026

Lippes Mathias LLP

  • 665 Main Street, Suite 300, Buffalo, NY 14203-1425

Lawyers At This Firm

Matthew B. Herdzik, Jr.

  • 3700 Seneca St., Buffalo, NY 14224-3400

Tronolone & Surgalla, P.C.

  • 298 Main St., Ste. 200, Buffalo, NY 14202

Lawyers At This Firm

Goldstein, Ackerhalt & Pletcher, LLP

  • 70 Niagara St., Ste. 200, Buffalo, NY 14202

Law Office of James F. Granville

  • 3521 Union Road, Buffalo, NY 14225

The Law Office of Harvey F. Siegel

  • 88 West Utica Street, Buffalo, NY 14209

Law Offices of Evelyne A. O'Sullivan

  • 1828 Main St., Buffalo, NY 14202

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About our Estate Planning Lawyers Ratings

The average lawyer rating is created by peers based on legal expertise, ethical standards, quality of service, and relationship skills. Recommendations are made by real clients.

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Commonly Asked Estate Planning Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

How do I leave everything to my kids?

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Answered by attorney Richard Joseph Keyes (Unclaimed Profile)
Estate Planning lawyer at Probate Law Center Richard J. Keyes, PC
In Missouri, you cannot disinherit a spouse. If you leave everything in your will to your children by a previous marriage, your current wife can take against the will and get part of your estate. If you current wife wants her assets to go to her children and not to you, then I suggest that you see an attorney about a post-nuptial agreement that might resolve this problem. Please note that in Missouri, if you and your wife do enter into a post-nuptial agreement, you and your wife have to be presented by separate attorneys. If she is not represented by an attorney, the post-nuptial agreement is subject to being set aside after your death.
In Missouri, you cannot disinherit a spouse. If you leave everything in your will to your children by a previous marriage, your current wife can take against the will and get part of your estate. If you current wife wants her assets to go to her children and not to you, then I suggest that you see an attorney about a post-nuptial agreement that might resolve this problem. Please note that in Missouri, if you and your wife do enter into a post-nuptial agreement, you and your wife have to be presented by separate attorneys. If she is not represented by an attorney, the post-nuptial agreement is subject to being set aside after your death.
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Would judges follow a signed will over one that was not?

Eric James Smith
Answered by attorney Eric James Smith (Unclaimed Profile)
Estate Planning lawyer at Law Office of Eric J. Smith
Probably. When there is a will contest, it becomes the job of the court to try to decide what the decedent's testamentary intent was. A typed will must be signed and properly witnessed, and ideally have self-proving language attached and notarized or the witnesses will need to be called back to testify to the signing. A will written completely in the decedent's own hand need not be witnessed, but testimony must be given to prove the handwriting is the decedent's. A will that does not meet the requirements of the statute of wills is no better than an unsigned will. An unsigned will is almost completely useless unless there is overwhelming proof that it reflects the content of a will that was properly executed and not intentionally destroyed or revoked that simply cannot be found.
Probably. When there is a will contest, it becomes the job of the court to try to decide what the decedent's testamentary intent was. A typed will must be signed and properly witnessed, and ideally have self-proving language attached and notarized or the witnesses will need to be called back to testify to the signing. A will written completely in the decedent's own hand need not be witnessed, but testimony must be given to prove the handwriting is the decedent's. A will that does not meet the requirements of the statute of wills is no better than an unsigned will. An unsigned will is almost completely useless unless there is overwhelming proof that it reflects the content of a will that was properly executed and not intentionally destroyed or revoked that simply cannot be found.
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What do we do as their children to claim some type of ownership to this property?

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Answered by attorney Kathleen Delacy (Unclaimed Profile)
Estate Planning lawyer at Reger Rizzo & Darnall, LLP
Depending on who passed first, it would be either your father's or uncle's to pass to their heirs either by will or intestate. But the estates would need to be probated.
Depending on who passed first, it would be either your father's or uncle's to pass to their heirs either by will or intestate. But the estates would need to be probated.
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