Nassau County Will Attorney

A will is a written legal document of what you want to happen to your property after you die. In particular, a will can:

• leave specified property to people or organizations (like charities);
• name a trusted person to manage the property you leave to your minor children;
• name a personal guardian to care for your minor children;
• name an executor to make sure the terms of your will are carried out.

Your will must be filed in the Surrogate's Court and admitted for probate before everything is distributed according to its terms. If your estate was worth less than $50,000 of personal property, then your will may instead go through the small estate (voluntary administration) procedure. However, wills are required to go through probate court (as opposed to trusts), and the duration of the process will depend on the size of your estate.

It is important to have a will, because if you die without one, your property will simply be distributed according to New York “intestacy” laws, which passes down your property to your closest relatives, beginning with your spouse and children and down to your aunts and uncles. If the court exhausts your list of relatives, the state will take your property.

Essential Steps to Legally Create a Will in New York

Anyone who is an adult (18 years or older) and of sound mind may create a will. Note that “sound mind” simply means that you know the purpose of the will you are drafting and the nature of your property. To validate a will, you must sign the document in the presence of two disinterested witnesses, who must also sign their names.

It is possible to revoke or change your will at any time you choose to do so by:

• destroying the document (such as by burning, tearing, or canceling it);
• ordering someone else to destroy the document in front of you and two other witnesses;
• making an entirely new will; or
• making a new written document that declares you are revoking your will (this must also be witnessed and signed by two witnesses).

If you only have a small change to make and do not want to have to remake a new will, you can add an amendment (called a codicil) at the end of your existing will and finalize the change with the same procedure as making your original will (declaring and signing before two witnesses).

Don’t let your future hang in the balance of uncertainty when you can make plans for it. Contact Kirshblum Taber PC today to get started on drafting your Nassau County will. Whether you have questions about how to create one, what to include in it, or how to modify an existing will, our firm can help. We also help clients navigate probate court, including wills that go through probate.

Top Advantages of Drafting a Will

Having a will in New York, or any state for that matter, offers several critical benefits that can significantly ease the lives of your loved ones and ensure your wishes are respected after you pass away.

Asset Distribution: A will allows you to specify how you want your assets and property to be distributed among your beneficiaries. This ensures your estate is distributed according to your wishes, minimizing potential conflicts.

Guardianship for Minors: If you have minor children, a will enables you to name a guardian who will care for them in the event of your death. This provides crucial peace of mind for both you and your children.

Executor Designation: You can appoint an executor in your will, someone you trust to manage and distribute your estate. This simplifies the probate process and ensures your estate is handled efficiently.

Tax Efficiency: A will can be structured to minimize estate taxes and other fees, allowing your beneficiaries to retain a larger portion of the estate.

Avoiding Intestacy Laws: Without a will, your estate may be subject to intestacy laws, where the state decides how to distribute your assets. Creating a will ensures your wishes prevail over default legal provisions.

Peace of Mind: Perhaps most importantly, having a will offers peace of mind, knowing that your affairs are in order and your loved ones will be taken care of according to your instructions.

In New York, consulting with an estate planning attorney to create a will tailored to your unique situation is highly advisable. They can provide legal expertise to ensure your will is valid, comprehensive, and reflects your true intentions.

Helpful Resources

• Official website of Nassau County Government
• New York State Bar Association - Find a Lawyer

Contact Kirshblum Taber PC for Your Will Drafting Needs for more information today.