Legal Will Queens
Legal Will Attorney Queens

Legal Will Queens

A will and last testament is a legal document on which you state your desires concerning your property after you die. Writing a legal will Queens requires detailed knowledge about what the law effective in Queens accepts as a valid last will, and for that, you may need to consult a lawyer specialized in this area, such as an estate planning attorney.

In writing your will, you should spell out clearly what property goes to who, and in what proportion. This would leave no room for dispute, will contest or tussles among your family members when you die, so long your will conforms with the laws of the state. You have to name an executor of your will, who will ensure that the dictates of your will are effectively carried out after you die.

What happens when your will is declared invalid

When you die, your executor will file a petition to any Surrogate’s court in Queens where you own estate. The court will then initiate probate, a process where your will gets validated. In the event where your will fails to meet up with the requirements for writing a valid legal will Queens, your will becomes invalid and will be just as good as a blank sheet of paper. Then your estate will be declared intestate by the court, and it will be distributed according to intestacy laws effective in Queens. This is exactly what happens when you fail to write a will at all before dying. Intestacy laws in Queens demands that your spouse gets your entire estate if you’re left with no children. If you have a spouse and children, then they all benefit from the estate. If you have no surviving spouse or kids, then your estate goes to your closest relatives, such as siblings, parents, uncle or aunt, as the case may be. If no living relatives could be found, then your estate becomes a property of the state.

Requirements for writing a legal will Queens

The basic requirements for writing a valid legal Will Queens is that you must be at least 18 years old. While preparing the will, you must have at least two witnesses who will attest to it by also signing on the document. While the laws in Queens give you a time limit of 30 days for obtaining signatures from your witnesses, if possible you can get them at the same time that you would also be signing.

If any of the above is not done, then your will can never pass as valid when probated in a Surrugate’s court. You can choose to notarize your will by going to a notary and making a statement along with your witnesses that you were all of a healthy mental capacity and sound mind while the will was signed. While this affect the validity of your will, notarizing a will makes the will self-proving, such that it needs no further proof in the court during probate.

Types of legal will

There are different types of legal will which are acceptable in Queens:

Self-proving will or testament

A self-proving will or testament is one which must be in writing and must conform to the estate laws of the state. It is the most common type of will and meets all requirements of the New York Estate, Powers and Trusts Law.

A pour over will

This is used in conjunction with a trust. The will gives directives such that the assets subject to the will be “pour over” or distributed into the trust at the death of the testator.

Holographic will

This is a handwritten will and may not have any witnesses. A holographic will is only acceptable in New York if it was written by a mariner at sea or a member of the armed forces during a time of war.

Oral or nuncupative will

This is a will declared orally (not documented). It will only be valid if it was made by a mariner at sea or a member of the armed forces during a time of war.

Codicil will

This document is simply an amendment to an already existing will. It is done when the previous will needs not be destroyed in other to make changes. A codicil will must, however, be created with the same formalities as the original will.

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