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Wills

What Happens To Properties Purchased By A Decedent After A Will Is Drafted?

If a person has a will previously executed, and subsequent to the publication and execution of said will has purchased property, the language of the will shall speak to this issue. While it is important to update a will after a change in life circumstance, another basis to update would be the purchase of a Read on…

How Much Does It Cost To Make A Will?

The question as to the cost to draft a will by an attorney can not be settled with a simple monetary figure. There are so many components that speak to this issue. Above all else, it is imperative that you utilize an experienced estate planning attorney who can properly guide you as to the necessary Read on…

How To Find An Executor For My Will?

The fact that you are contemplating an executor for your Will signifies that you have taken the first step on taking control of your estates when you pass away. Remember that if you don’t have a validly executed Will when you pass away, the laws of intestacy will decide who inherits your estate. In order Read on…

What If The Will Maker (Testator) Becomes Incompetent, Does That Invalidate The Will?

When a will is executed in New York State, one of the requirements of a validly executed will is that the person who is signing the Will (testator) possesses testamentary capacity. But what if the person who created the Will becomes incompetent? Does that invalidate the Will? When is a Will not valid? It is Read on…

Do I Have To Draft A New Will If I Move To Another State?

Do you need to draft a new Will if you move to a different state? This question often occurs when one has a New York Will but is moving to another state. The simple answer is – it depends. In most cases, Wills that are executed in New York will comport to the estate and Read on…

Do I Need To Draft A New Will If I Move From New York To Another State?

The short answer to this questions is “it depends”. As a rule of thumb, I advise clients that if they move from one state to another, it is a good idea to update their will. The reason for this is that a will that was drafted and executed in another state will only be valid Read on…

How To Dispute A Will Based Upon Undue Influence?

New York probate law sets forth very specific objections that one can utilize to contest the validity of a NY Will. The first parameter before even getting to the issue of filing objections is that one has legal standing to initiate such a challenge. Assuming you meet the initial hurdle of having a pecuniary interest Read on…

When A Will Can Be Contested?

When a will can be contested? In order to contest a will, or challenge the validity of a Will seeking admission to probate in New York State, you must have legal standing to commence such a challenge. To challenge that the provisions contained in the will, or the will itself, is invalid, you must have Read on…

I Want to Remove a Non-Relative From My Will. Can I Do That With An Addendum?

If you seek to change or amend some portion of your Last Will and Testament, or seek to write a whole new Will due to changes in life circumstances, it is of utmost importance to seek the advice of an experience estate planning attorney. An improperly drafted or executed will can have serious ramifications insofar Read on…

Why Do-It-Yourself Wills is Not a Good Option

One of the most common reasons for a will to be contested is due to the fact that a lawyer did not prepare or oversee the signing of the will. There are certain “formalities” that must be followed in New York State for a will to be deemed valid by the Surrogates’ Court in which Read on…