Wills Lawyer in White Plains – New York

Helping Clients Dictate Their Final Wishes

When someone passes away, the assets in their estate, like property, bank accounts, investments, and more, are divvied up according to their will. A last will and testament can also be used to assign guardianship to minor children and include instructions for family members. No matter how old you are, creating a legally valid will is especially important if you’d like to determine what happens to your assets after you pass and not have them given away by the state of New York.

Creating a will is an essential part of your estate plan. If you would like to create a will that’s legally valid and holds up in court, consulting a team of wills attorneys is your best course of action. Our team at the Law Offices of Patricia G. Micek PLLC, has decades of experience in estate planning. We would be happy to discuss your future goals and final wishes with you. For more information and to learn about our services, call our office today at 914-533-1756.

What Happens if You Die Without a Will?

Dying without a will is referred to as “dying intestate.” Dying intestate means that the state of New York has control over where your assets will go after you pass. In most cases, the state will divide up your assets as it sees fit.

Below is the general process for how the state will distribute your assets if you pass without a will:

• Your surviving spouse will receive all your assets if you do not have children.
• If you have children, your assets will be divided between them and your spouse.
• If you have no child and no spouse, your assets will be given to your parents or grandchildren.
• If you have no parents or grandchildren, the state will search for other relatives, including your spouse’s siblings, aunts, uncles, cousins, and grandparents.
• If the state cannot find any living relatives, the state will take your assets.

What Are the Requirements for Drafting a Will in New York?

While almost any adult can create a will, there are some stipulations that must be followed for a will to hold up in court.

Below are the requirements you must follow for drafting a will:

• You must be 18 years or older
• You must be medically determined to be of sound mind
• You must be acting of your own accord without undue influence from others
• You must include a clause that invalidates any previous last will and testaments you created
• Your will must be signed by two witnesses
• Your will must be made on hard copy

A legally valid will helps avoid a dispute with disgruntled family members after death. Your estate assets can be divided up between heirs and beneficiaries. A will is easy to create with the help of a wills attorney on our team. However, due to the detailed specific requirements of the New York law on estates, most wills printed off the internet or with “will kits” cannot be probated in New York because the specific legal requirement around the ceremony of the signing of the will are not followed. This is why you need an estate planning lawyer, or if you’re over 60, an elder law attorney to draft your will and supervise its execution. Our will process is designed to consider all of the aspects of your particular family’s dynamics, and to minimize conflicts among your loved ones after you pass away. We also design wills that protect the assets in your estate for the life of your surviving spouse, but do not expose those assets from loss to a second spouse or to the long-term care costs of the survivor. That way you can be sure that your spouse will continue enjoying the same lifestyle, but the bulk of your assets will then pass to your ultimate beneficiaries- usually your children- without loss to creditors.  For more information about wills, contact our law firm today.

What Kinds of Wills Can a Wills Lawyer Help With?

Our team can help you create a wide variety of wills to fit your needs. With our years of experience, we can also help with the management of a will and adjusting an old will.

Below are just some of the types of wills we can help with:

Simple Will

When most people think of a will, they are thinking of a simple will. A last will and testament distributes modest estate assets to avoid estate litigation.

Pour-Over Will

A pour-over will “pours” the assets of your estate into a trust after you pass away. If you do not have a will, the remainder of your estate will be distributed using state intestacy laws. The assets in the trust will still pass as you stated in the trust, and will avoid probate.

Holographic Will

A holographic will is a handwritten will. In New York, these wills are considered valid under such very limited circumstances. You must have a testamentary capacity to create a holographic will.

Living Will

Many people confuse a living will with a will. A living will concerns medical issues and has nothing to do with passing your assets after you die. In New York, a living will determines how you wish to be treated if you are terminally ill, and it is a part of the Health Care Proxy, not a separate document.

Should I Consult a Wills Lawyer?

Whether your estate is big, small, or somewhere in the middle, having a will is essential. Without a will, the state will divide your assets as it sees fit without respecting your final wishes. Our team at the Law Offices of Patricia G. Micek PLLC, can help you create a legally binding will that notes guardianship, asset distribution, and more. In addition, our wills are carefully crafted to keep family disputes at a minimum. For more information about our services, contact us today at 914-533-1756.