The last thing your loved ones need after you die is to wonder what you want done with your property and possessions. But without a clearly written last will and testament, that’s exactly what happens, and that’s after the state takes control of your estate. There’s no reason to avoid creating a will, no matter how old you are, when you can get the best death will created by last will and testament attorneys in Queens, NY at the Albert Maimone & Associates, P.C. law practice. Receive exceptional advice and guidance without paying big law firm fees. Call this boutique Queens law firm today for a prompt response within 48 hours.
What Is a Last Will and Testament?
A last will and testament is a legal document that expresses your wishes regarding what happens to your property and possessions after your death. It provides specific instructions about the things you own and who should receive them. You may designate an individual, more than one person or a charity as the recipient of your assets.
The last will and testament attorneys at the Albert Maimone & Associates law practice offer comprehensive estate planning and probate representation. This boutique law firm provides the highest quality legal services without the big firm fees in all five boroughs of NYC and in Nassau and Suffolk counties.
Why Do You Need a Last Will and Testament?
It’s not unusual for people to think they don’t need a will until they’re older, but everyone over the age of 18 benefits from having a will. It tells those you leave behind what your wishes are if you should pass away unexpectedly. Reasons to have a will include:
- Designating a person or organization to oversee your estate, which is known as an executor
- Identifying your property that you’re leaving behind and to whom you’re giving it
- Designating who looks after your children, if they’re underage
- Naming a guardian for any pets
If you should die without having a will in place, it’s called dying intestate. If that happens, the state’s probate court determines how your assets are distributed and it puts what happens to your possessions and family out of your control. Instead of having your affairs handled by a person you trust, the court appoints someone as executor. This can be a long and stressful process for your heirs, a situation you can easily prevent by preparing a will and keeping it up-to-date.
What People Say
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What People Say
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What People Say
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When Does a Last Will and Testament Need to Be Updated?
The decisions you make when you first decide to have a will prepared may change from time to time. You can revoke an existing will at any time by making a new will that states that prior wills aren’t valid any longer. Examples of life events that may be reasons to update your death will include:
- Recently getting married or divorced
- Purchasing property
- Having a new child either through birth or adoption
Another option for changing an existing will is to make an amendment to the will, which is known as a codicil. A codicil must be signed and witnessed, just like any new legal document. A last will and testament attorney is trained and experienced in making sure your wishes are communicated clearly. They give you the guidance you need, whether you’re drawing up a will for the first time or updating a former will.
What’s the Difference Between a Last Will and a Testament?
At one time, a will and testament were not the same thing. Two separate documents were required for different purposes. The meaning of these terms used to be:
- A will traditionally was a legal document that specifically stated distribution of land and real estate.
- Testaments originally referred to the distribution of other types of personal property such as jewelry, cash or vehicles.
One reason separate documents were done in the past was that years ago, some laws stated women couldn’t own land without the approval of their husband. At that time, women could own personal property such as jewelry, but not real estate. Today, these separate designations aren’t necessary, and you don’t need a separate testament attorney because a last will and testament is a single document.
Do I Need an Attorney for Last Will and Testament?
In the State of New York, you may not need a professional will and testament attorney to prepare your will, but your will does have to satisfy the requirements and laws of the state. You may benefit from hiring an attorney to draft your last will and testament in certain situations such as:
- You have a lot of assets
- Your estate is complex
- You want to exclude certain family members from your will
- You have other special designations for your money and property
- You plan on bequeathing a portion of your estate to charity
If you try to do your own will for a complex estate, the risk of having the document challenged in court increases. Your Queens attorney for last will and testament is an expert in the field of estate planning. These legal experts have the knowledge and experience to honor your wishes and include all information that’s important to you.
Can a Will Ever Be Considered Invalid?
A last will and testament has to be prepared correctly because there are some things that may cause a will to be considered invalid. If not executed properly, these factors may cause problems after you pass away. Issues that may arise include:
- Improper witnesses. Wills typically need to be witnessed by at least two people at the time you sign it. Witnesses have to be of sound mind and not designated as a beneficiary of the will.
- Previous will. Previous outdated wills should be destroyed to avoid confusion.
- Mental incompetence. Any form of mental illness that may cause a person to not understand what the will says and means may cause a person to lack the capacity to sign a new or updated will.
- Handwritten changes. An existing will that’s already signed shouldn’t be changed by writing on it or crossing out items.
What Happens After My Will Is Prepared?
Once you’ve completed your will and had it signed and properly witnessed, keep it in a secure and accessible place, such as in a fireproof safe in your home. The person you’ve appointed as executor should know where it is. Signed copies can be given to the executor and to your attorney.
Clearly worded instructions stating exactly what happens after your death can help prevent disputes between those you leave behind. Your New York City attorney for last will and testament has extensive experience in wills, trusts, estate planning, estate and probate law and asset protection. Contact a last will and testament attorney at Albert Maimone & Associates for a free consultation.