Wills

Why should I prepare a will?

Facts You Should Know About Wills In New York

Why Might I Need a Last Will and Testament? If you die without a Will, you die “intestate”. That means that the New York divides your estate between a spouse and minor children. If there is no will, a Court may decide who will care for your children and their property if the other parent is not able to care for them or is unavailable.

In addition, a Will allows you to give specific things to people of your choice.

If you are not married and die without a Will, your partner will, in all probability, not inherit anything.

Do I have to leave something to my Spouse and Children? New York State protects spouses and minor children from being left nothing in a Will under most circumstances. A surviving spouse has the legal right to claim in court a part of your estate even if your Will says otherwise. It is perfectly legal to disinherit (not leave anything to) someone over the age of 18.

What makes a Will Legal? A Will is a written document that says it is your Will and is dated and signed by you in front of two witnesses who should not be otherwise mentioned in the Will. The witnesses must sign your Will at the bottom and place their addresses after their signatures to complete the formality. A notary is not required for a Will in New York.

Who makes sure that the Wishes in my Will are Carried Out?   It is suggested that you name an Executor in your Will. It may be appropriate to name a second Executor to take over if the first one is unable to act for any reason. The Executor can be one of the people that you leave things to in the Will or a different person. The Executor’s job is to make sure that your wishes as stated in the Will are carried out properly.

Can I just handwrite my Wishes?   A handwritten Will without witnesses is valid in New York only under very limited circumstances and is not recommended.

How do I Change my Will? If, after you write your Will, you decide to make changes in any way, do not make the changes on the Will that you just signed. This may invalidate your Will and cause you to die without a valid Will (die intestate). You can change your will by adding a codicil or, you can write a new Will incorporating all your changes in a new document.

If you’d like to discuss your legal issue, contact me at 347-947-0231.