Perhaps you think you don’t need to prepare a last will and testament. Or perhaps preparing a will is something you have been meaning to get around to, but it always falls lower on the to-do list after more pressing tasks and somehow never gets done. We get it. Preparing a will may seem like a daunting task or something that you can just put off for another day in the future. But both of these assumptions are not accurate. With the proper guidance from a trusted will lawyer in NYC, preparing a last will and testament can be a straightforward process that brings peace of mind, knowing that you have made informed decisions regarding how your property should be distributed, and who should care for any minor children and other matters. Putting off this process for another day has negative consequences, forcing the court to decide what happens to your assets and your children based on the law may not best suit your wishes.
At The Law Offices of Frank Bruno, Jr., you can expect an experienced New York City will lawyer from our firm to be understanding and compassionate when addressing these sensitive questions, guiding you in the best possible way to make decisions regarding the future of your estate and caring for your family.
In considering why you need a last will and testament it is helpful to consider what happens if you do not have a will when you die. If someone passes away without a will — which is known as dying intestate — that individual’s assets go through a process known as probate. Probate is a legal process by which someone’s assets are distributed. Probate can be a lengthy and costly process. When you die intestate, the court must follow the state’s intestate laws to determine how your assets are distributed, because the court does not have a last will and testament to follow that would otherwise provide directions as to how your property should be processed.
This may, on its surface, seem like a small matter. Your assets will simply be distributed among your surviving beneficiaries according to the law. But consider this: your estranged sibling may inherit a portion of your estate. Your crazy uncle may be named the legal guardian of your minor children. Your adult child who has money management problems could be the sole beneficiary of your life savings. These are very real outcomes if you choose not to prepare a last will and testament. And failing to prepare a will is a mistake you don’t want to make.
To create a will in New York, you must be at least 18 years old, and of sound mind and memory. For your will to be valid, you must sign or acknowledge your will before two witnesses, declare to those witnesses that the document you are signing is your last will and testament, and your witnesses must sign your will in front of you. In New York, your will does not need to be notarized in order for it to be legally valid.
The Law Offices of Frank Bruno, Jr.’s knowledgeable will lawyers in NYC understand New York state’s laws. This insight is important when preparing a last will and testament, in order to ensure that all aspects of an individual’s estate are addressed in the will and the distribution of their property is carried out according to their wishes.
Protect your family and save your loved ones the agony of having the court decide what happens to your property after you die. Make these decisions yourself. Planning ahead and making informed decisions regarding these matters now, not during a moment of crisis such as a medical emergency, will give you and your loved ones peace of mind.
To learn how The Law Offices of Frank Bruno, Jr. can help you with your last will and testament, schedule a complimentary consultation with a knowledgeable New York will drafting attorney today.
It is a common misconception that you need to be wealthy or have significant assets to warrant the creation of a last will and testament. That is not the case. A will allows you to decide who will inherit your property after you die, and how that property will be distributed. A will also enables you to appoint a legal guardian for any minor children. Without a will, the courts will decide how your property is distributed and to whom, and the court will appoint someone to take care of your children, according to the laws of the state. By creating a will, you can ensure that your wishes are carried out after you pass. To learn more about last will and testaments and other estate planning matters, contact The Law Offices of Frank Bruno, Jr. to arrange for a free, no-obligation consultation.
Yes. In the state of New York, a last will and testament can be modified or revoked at any time.
A living will is a legal document that is also known as an advance directive. A living will stipulates the kind of medical care that you do or do not want to receive in the event that you are unable to communicate those wishes at the time. For example, if you are unconscious, your medical team needs to know what type of care you would like to receive. Do you want to be resuscitated? Do you want to receive a feeding tube or assisted breathing? If you do not have a living will, your doctors must consult with your spouse, family members, or other third parties to make these decisions on your behalf.