Things which a legal will NYC provides you with
There are many things which you can use a legal will to do in New York. In the will, you can declare what portion and proportion of your assets that will go to each member of your family (or whosoever you so name as a beneficiary). If you have minors which you would be leaving behind when you die, a legal will NYC gives you the freedom to name a guardian for such minors. You could give the appointed guardian the authority to oversee the property which you have given to such minors until they’re old enough to manage their own affairs. You could also, with a will, name an executor who would work towards effecting the dictates of your will after you pass away.
Note that while all these things look easy enough to do yourself, any slight mistake can ruin the financial future of your intended beneficiaries. Say, you intend a portion of your property to go to that dear friend or grandchild who looked after you when every other person had forsaken you. If you do not clearly state how you want this to happen, or perhaps your legal will NYC goes against the set rules, then that friend or grandchild will get nothing at all when you die. The state will take it upon itself to pass your property on to your closest family or next of kin when your will becomes invalid.
Requirements for writing a legal will NYC
In New York, the N.Y. Estates, Power and Trusts Laws § 3-2.1 states that you must be 18 years or above for your will to be recognized. Also, while writing the will, you must have at least two witnesses who must not be beneficiaries of the will. (You can choose a lawyer and another neutral person.) You must declare to these witnesses that it is indeed your last will which you are writing, and they must both sign on the document as proof of their presence. And then you have to put your own signature as well.
Anything written below your signature would not be recognized other than the self-proving affidavit. New York laws gives you the space of 30 days to have your witnesses see you sign or acknowledge your will, but they can both sign the same time as you if that is feasible. Your witnesses may add their addresses or contact on the will should their attention be needed in the future.
Do I need to notarize my will?
The answer is no. Notarizing your legal will NYC does not give it validity. The primary purpose of notarizing a will is to give the will a self-proving character such that once the Surrugate’s court sees it, they will require no further proof of its authenticity. To do this, you have to visit a notary along with your witnesses and sign an affidavit, stating who you are and your mental awareness while writing the will.
Naming an executor
This is one of the provisions made in a legal will NYC. You are mandated to name an executor who would initiate probate immediately after your death, oversee the probate and distribute your assets among your named beneficiaries. The executor has a lot pf responsibilities and you definitely would require a trusted and highly competent hand. An estate planning attorney or probate lawyer NYC would offer you advice and enlighten you on choosing an executor, and may also be consulted by the executor in administering the estate.
Can I revoke an existing will and make a new one?
Yes. You can revoke a will by tearing, burning, cutting or mutilating it, or having someone else do it for you in your presence and two other witnesses. You can then write a new will according to the same laws as above. If you do not want to tear, burn or mutilate, you could simply write a new will that clearly states that you’re revoking the former will. If you have very little changes to make, instead of doing the above, you could simply add an amendment — a codicil — to the already existing legal will.
Absence of a will
In the absence of a valid legal will NYC, your property will be distributed according to the intestate laws of New York when you die. The law only benefits your spouse and children (or your next closest relative in the absence of spouse and kids). By so doing, no external party which you may want to partake in the estate will therefore benefit from it. To avoid such scenarios, you are advised to create a valid legal will NYC today.