If you are an adult and own any property, you should have a will to ensure that your wishes are carried out when you are no longer around. Without one, state law will determine who gets your property and belongings when you die.
A Riverhead wills lawyer could help you create a will that accomplishes your goals and meets legal requirements. The law is constantly changing, so working with an experienced estate planning attorney from Tully Law Group, PC, is critical.
If you are a parent with minor children, a will is essential as you can designate someone to be the guardian of your children if you die. If you do not name a guardian, your children could end up with a relative you do not trust to care for them properly or in foster care.
Under most circumstances, your co-parent will raise the children if you pass away before they turn 18. However, if your co-parent dies with you or if there is a reason why they should not raise the children, naming a guardian in your will can influence the court to award custody to the person you designate.
A court must still approve the person you name as guardian, and the designated guardian must be willing to take on the responsibility. A Riverhead attorney could walk you through the factors the courts consider when naming a guardian so that you can make a choice that is likely to meet with court approval.
Dying intestate is the legal term for dying without a will. When there is no will, the laws of intestacy determine who receives the deceased person’s property.
New York Estate, Powers, and Trusts Law § 4-1.1 says that when you die with a spouse but no children, the spouse receives 100 percent of your estate. When you die leaving a spouse and children, your surviving spouse gets the first $50,000 of your estate plus half of the remainder, with the rest divided equally between your children. If you leave surviving children but no spouse, the children divide your estate equally. Other relatives can inherit if you leave no surviving spouse or children.
The scheme set out in the law may not be the way you would choose to distribute your property. Writing a will allows you to distribute your property in whatever way you choose, except that you cannot completely disinherit your spouse. A Riverhead attorney could explain the spouse’s elective share and help you craft a will that meets your goals while complying with the law.
You cannot make a valid will unless you are at least 18 and you are of sound mind. Sound mind means that you can understand what a will does, you know who your family members are and how closely they are related to you, and you know what property you have. The will must be written on paper. You can keep an electronic copy, but New York does not recognize purely digital wills. You must sign the will, and two witnesses who are not named as beneficiaries also must sign it.
A will that meets the above requirements is legal, but a Surrogate’s Court judge will need testimony from the witnesses to prove the will is valid. You can make your will self-proving by signing it before the witnesses and a notary public who will notarize it. When you have a Riverhead attorney prepare your will, you could sign it in our office with staff serving as witnesses and a notary available.
A will can be a simple document, but it has tremendous importance. Dying without a will can lead to unintended consequences for your family, especially if you have young children.
Every adult should have a will. Contact a Riverhead wills lawyer from Tully Law Group, PC, to get started. We would be happy to schedule a free consultation to discuss your options.
