NEW YORK WILLS AND ESTATES LAWYERS
Telephone No.212.457.9797
A basic estate planning package, which always includes a will and normally also includes ancillary documents, like a trust and a directive to physicians, is quite literally the stitch in time that saves nine.
A few moments of preparation now could eliminate the need for months, years, or even decades of expensive litigation which no one truly wants. Additionally, without a will, the state of New York decides things like who receives your private property and who raises your children. Those are not decisions that the state should make.
At Dilendorf Law Firm, our New York wills and estates lawyers work hard, so you do not have to. Many of our clients take advantage of our secure online portal. This tool enables them to manage documents easily and enjoy all the benefits only an experienced attorney can provide. As a result, a minimal investment of time provides an emotional return which is difficult to measure.
Telephone No.212.457.9797
Benefits of a Will in New York
In short, a will puts you and your family in control of events that occur after your passing. New York laws are especially broad in this area.
For example, a will can designate a guardian for minor children as well as an executor of the estate. Guardians and executors have limited powers in some jurisdictions, but not in the Empire State.
Additionally, New York law provides for self-proving affidavits. These affidavits make it almost impossible to challenge a will’s validity.
Will Preparation
New York law does not require wills to be notarized. Nevertheless, the will execution rules are rather complex. At Dilendorf Law Firm, we follow all best practices for will execution. The extra time we take gives you additional peace of mind.
Two witnesses must attest to the testator’s (person making a will) signature in New York. These witnesses must meet certain legal qualifications. Additionally, they must personally see the testator sign the document.
Additional complexities arise if the testator amends a will or adds a codicil. We generally recommend that people physically destroy their current wills in these cases and start afresh. This approach avoids confusion later.
Will Contests
Codicils and other documents, especially if they are clearly contrary to the other provisions in the will, often invite will contests. The same is true if the will was signed under unusual circumstances, for instance in a nursing home as opposed to an attorneys office. In New York, will contests have three basic legal elements, as follows:
- Motive: In this context, motive almost always involves financial gain. The extent of the motive, or lack thereof, usually depends on the relationship between the financial gain and the size of the estate.
- Opportunity: Was the alleged undue influencer able to access the testator, maybe because of the nature of the relationship between the two? And, perhaps because of age, depression, or medication, was the testator susceptible to undue influence?
- Actual Influence: Theoretical influence or subtle pressure is not enough. Circumstantial evidence of actual influence includes the role the person played in the process and whether the person retained copies after the fact.
The challenging party has the burden of proof in these matters. Generally, that burden of proof is a preponderance of the evidence (more likely than not).
A will is a cornerstone of a comprehensive estate plan. For a confidential consultation with an experienced estate planning lawyer in New York, contact Dilendorf Law Firm. Convenient payment plans are available.
Resources
- Consolidated Laws of New York, Estates & Powers & Trusts
- Advance Directives – New York State Attorney General
- Last Will and Testament | NY CourtHelp
- Estate Planning | Frequently Asked Questions – New York State Unified Court System
- Health Care Proxy & Living Will Information – NY State Senate
- Estate Planning Deskbook – Library of Congress
- Advance Directives: Healthcare Proxy, Living Will, POA
Telephone No.212.457.9797
For more information about our Wills and Estates services,
For more information about our Wills and Estates services,
please contact Dilendorf Law Firm by sending an email or calling us at 212.457.9797