Writing a Valid Will
Last Will is an estate plan that holds detailed list of instructions as to how your property should be shared after you die.
In order to ensure your surviving family, relative, special friend or loved one, or even a pet is well taken care of after your death, you have to specify clearly in your will what portion of your asset you want distributed to that person. Also, you would have to appoint an executor who will take responsibility of your will when you die.
If you have minor children, the last will usually contain provision for appointing a guardian for your children.
Probate process of Will
When you pass away, your family is faced with the challenge of managing and sharing your assets among themselves. This is usually an emotional and trying time, with a lot of decisions to make. Leaving them without a Will–a valid one–will make things even more difficult for them. Probate in itself is the legal process of determining the validity of a will before its contents are carried out. Not all Wills are valid. For instance, a Will valid in one state may be invalid in another state, and this is why you need a Will attorney.
A will may be contested. Unfortunately, in certain situations, when a decedent will is read, tension and dispute may arise between beneficiaries of the estate. When one or more parties feel that the deceased was forced into signing the will, or that they are being cheated out of their inheritance, such party may issue out a petition of contest of will. Thus, increasing the probate process.
The will attorney would however be on hand to help settle any disputes that arises between the personal representative and the estate beneficiary or between the beneficiaries of the estate who feel they have been cheated.
When to consult a Will Lawyer New York
Some situations other than creating a Will may require that you see a professional will lawyer, rather than handling them by yourself.
You may want to talk to a Will lawyer New York if:
- You have questions about how to draft and prepare your will or you require other options to share, protect your estate, properties and also beneficiaries of such.
- You expect to leave a very large amount of assets that may be subjected to excessive estate tax.
- You have complex family situations, probably one than one marriages, and children from different spouses.
- Rather than just drafting an ordinary will, you want to make more complex plans. For instance, placing your house in a trust to your spouse until he or she dies and then passing it to your children from a different spouse or marriage.
- You own a business and you have questions as to the rights of surviving owners or your ownership shares.
- Requiring guardianship or conservatorship for a beneficiaries.
- You need advice and help to make other estate plan documents like power of attorney, living trust and advance medical directives.
- You must make arrangement for a long term care of a beneficiary. For example setting up a trust for an incapacitated child.
- You have fears that your Will may be contested on grounds of inappropriate inclusions, fraud or claims that you were unduly influenced or that you were forced to sign the Will.
- You wish to disinherit a spouse or any other expected beneficiary of your property. It is usually not possible to do this, however, a Will lawyer in New York can explain your spouse’s rights.
Why you need a Will Attorney New York
You have seen the laws backing writing of wills in New York. If any of these laws is flouted, then your wishes in the will are as good as nothing. Assuming you have a loving friend who you want financially cared for after you die and you state this in your will. If the will doesn’t pass probate, then that loving friend would get nothing from your estate, as intestacy laws in New York only acknowledge your closest relatives as heirs to your estate.
Hence, you do not want to make any mistakes. A Will lawyer would, when consulted, offer relevant advice in drafting a will that best satisfies your wishes. Protect the financial future of your loved ones today. Contact a Will Attorney New York.