Last Will & Testament (Will)

In order to avoid having your assets upon death be distributed according to the New York laws of intestacy, we recommend that New York State residents have a New York Wills Attorney or New York Estate Attorney prepare a Will (“Last Will & Testament”). It is also important that the Will be properly executed in accordance with New York law.

Dying without a legally enforceable Will may result in your assets (other than those held jointly, or as tenants by the entirety, or containing a designated beneficiary) being inherited by relatives who were not your intended beneficiaries.

Your Will should also be reviewed periodically, to be sure that it accurately states your current intentions.

A valid New York Will can direct how your property will be distributed when you die. This may include specific bequests of cars, jewelry, art work, house, condominium, land, co-op apartment, bank accounts, stocks, bonds, investments, and other property. The Will can also direct how the remainder of your property will be distributed upon death.

Your Will should also name of the person who you want to be the executor of your estate to distribute your assets after you die. The Will may also designate a guardian to take care of your minor children. The Will may also designate a guardian or conservator to care for an adult or child with a mental disability.

Keep in mind that New York law has strict requirements for Wills, including the formalities of how the Will is executed. If the New York statutory requirements and procedural formalities are not followed, a relative who did not receive the bequest he or she had expected might have a basis to contest the Will. Even if the Will contest is defeated by the estate’s executor, the estate may incur significant legal expenses and delay in distributing the estate’s assets. To be confident your Will is valid, we recommend you have your estate documents reviewed or drafted by our experienced NY Estate Lawyer.