Law Office of Amanda Scott, PLLC

08/29/2026

10 Things About Estate Planning Most People Don’t Realize - But Should

Estate planning is about a lot more than just having a Will. Here are 10 things that may surprise you:

1. Your Will does not control everything you own. Assets with beneficiary designations, joint owners, or certain transfer-on-death arrangements may pass outside of your Will.
2. The beneficiary form you filled out years ago may matter more than your Will. Retirement accounts and life insurance generally pass to the beneficiary listed on the account - even if your Will says something different.
3. Your family cannot automatically make decisions for you if you become incapacitated.
Without a properly executed Power of Attorney and Health Care Proxy, your loved ones may need court intervention to obtain authority to handle important financial or medical matters.
4. A Power of Attorney ends when you die. Your agent can help manage your finances during your lifetime, but their authority ends at death.
5. A Will does not avoid probate. A Will tells the Surrogate’s Court how you want your probate assets distributed. It does not, by itself, keep your estate out of court.
6. Probate is generally a public court proceeding. Court filings can reveal information about your estate, beneficiaries, and administration.
7. Waiting until a nursing home is needed may eliminate planning options. Medicaid has complex eligibility and transfer rules. Planning earlier can give families significantly more flexibility.
8. A trust is not automatically “better” than a Will. The right plan depends on your assets, family, goals, and circumstances. A trust can be incredibly useful - but only when it is the right type of trust and is properly funded.
9. Your retirement accounts need their own estate plan. Beneficiary designations and post-death distribution rules can have significant tax consequences for the people who inherit them.
10. An outdated estate plan can sometimes be worse than no plan at all. Marriage, divorce, deaths, births, new grandchildren, property purchases, changing relationships, and outdated beneficiaries can completely change how an old plan works.

The biggest estate planning mistake? Assuming the documents you signed years ago still accomplish what you want today.

Estate planning isn’t just about what happens when you die. It’s about protecting yourself, your family, and your assets while you’re here, too.

08/25/2026

08/20/2026

🔍MYTH OR FACT? 🔍

❌ Myth: You can prepay your funeral home directly in New York State.

✅ Fact: You can prefund your funeral expenses.

In New York State, funeral homes cannot accept payment for funeral services until those services have been provided. However, your funeral director can help you establish a funeral trust, allowing you to safely set aside funds in advance for your future funeral expenses.

Preplanning and prefunding can provide peace of mind, help protect against rising costs, and ease the financial burden on your loved ones.

Have questions about preplanning? We're always happy to help—no pressure, just honest guidance.

08/19/2026

Can You Avoid Probate? In Many Cases, Yes.

Probate is the court process used to administer certain assets after someone passes away. While probate is sometimes necessary, good estate planning can often reduce - or even eliminate - the assets that need to go through the probate process.

Some common ways assets can pass outside of probate include:

• Beneficiary designations – Life insurance, retirement accounts, and certain financial accounts can pass directly to the beneficiaries you have named.

• Joint ownership with rights of survivorship – Certain jointly owned assets may pass automatically to the surviving owner.

• Payable-on-death or transfer-on-death designations on financial accounts – Many bank and investment accounts can be structured to pass directly to a designated beneficiary.

• Revocable living trusts – Assets that are properly transferred into a trust during your lifetime can generally pass according to the terms of the trust without probate.

• Deeds with a retained life estate – In appropriate circumstances, real property can be transferred during your lifetime while you retain the right to live in and use the property for the rest of your life. At your death, the property can pass directly to the named remainder beneficiaries without probate.

One important thing to remember: simply having a Will does not avoid probate. A Will directs how your probate assets should be distributed - it does not, by itself, keep your estate out of court.

There is no one-size-fits-all estate plan. The right approach depends on your assets, your family circumstances, and your long-term goals.

The Law Office of Amanda Scott
Estate Planning • Elder Law • Probate

08/05/2026

08/04/2026

Building a child’s financial future is about more than saving - it’s about having a thoughtful plan. Whether it’s a 529 plan, a custodial account, or a trust, each tool has a different purpose. Working with both a financial advisor and an estate planning attorney can help ensure those tools work together to accomplish your family’s goals.
Great advice from Micah and his team!

Explore the different investment accounts that can help you support your child’s financial future.

07/30/2026

Welcome to The Law Office of Amanda Scott!

I’m excited to officially welcome you to my firm’s page.

My practice is focused on helping individuals and families plan for the future, protect what matters most, and navigate some of life’s most important transitions with confidence.

I assist clients throughout Western New York with estate planning, probate and estate administration, elder law, guardianships, and adoptions.

I created this page not only to share updates from my practice, but also to provide helpful, easy-to-understand information about estate planning and related legal issues that affect individuals and families every day.

Thank you for being here, and I look forward to connecting with you!

Amanda J. Scott, Esq.
The Law Office of Amanda Scott