Registering Your Will With a Probate Court in New York
When a client executes a Last Will and Testament at my office, the question arises as to which party would like to keep the original last will and testament. Typically, the original will is either kept with the attorney in a secure location like a fire-proof safe or the person executing the will (testator) will Read on…
What Is Undue Influence And Why Does It Matter?
As set forth in the New York Estates, Powers, and Trusts Law (EPTL), an interested party may object to a Last Will and Testament being offered for probate on the basis of undue influence exerted upon the Testator (the person who signed the Will). If it is determined that an interested party or family member Read on…
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 Write A Will?
There are some basic questions you should ask yourself when contemplating a will so all relevant information is included and accounted for. Here is a sampling of questions you should ask yourself when putting together your information that will be necessary to will preparation. Please note that this list is by no means exhaustive: Read on…
The importance of having an attorney draft and execute a last will and testament
One of the most important decisions an individual can make is to decide how to dispose of their assets when they pass away. Drafting a properly executed will is crucial to making this important decision a reality. The Estates Powers at Trusts Law (EPTL) set forth certain formalities that have to be followed in order Read on…
Dying with no will, no wife, no children or siblings in New York state: what happens?
While a New York wills attorney is normally consulted in the estate planning process, some people choose not to create a will.If you die as a resident of New York State without a will (intestate), the laws of intestacy will control how your estate will be distributed. The rules are set forth in the New Read on…
How To Make Sure Your Will Is Valid?
Estates, Powers and Trusts Law (EPTL) 3-2.1 specifies certain “formalities” that must be followed to ensure the decedent (person who has died) has executed and signed a valid will. Having an experienced Long Island estate attorney guide you through the process will decrease the likelihood that the validity of the will is challenged in Surrogate’s Read on…
Signing a will on Long Island, NY: how many witnesses do I need?
The New York Estate Powers and Trusts Law (EPTL) requires that at least two non-interested parties are required to witness a testator sign a Last Will and Testament. The operative term here is “non-interested party”. For example, any person who is related to the testator by blood or marriage would not be an appropriate party Read on…