NYC Wills Lawyers
You’ll never realize how important a will and the estate planning that goes along with it is until the time arrives for it to be read and enforced. It doesn’t matter what you own personally, an updated and comprehensive will means the difference between contented family members and disgruntled ones. If the will was declared invalid by the New York court system, your loved one’s assets, investments, and all their belongings would, by law, go to the state.
This is called Interstate Succession, and whether you have millions of dollars in investments or you simply own your home, no one wants to see the government recover their family’s assets; they belong in the family. Planning ahead with Raiser & Kenniff, PC ensures proper probate and estate planning, so when the time comes there are no mistakes.
Wills are the main document in Estate Planning, and they often get a bad reputation when they are not executed precisely the way the deceased desired. Entitlement issues can cause strife, and if wills are non-existent or they were not legally written, the designated heirs do not receive what they were entitled to.
It takes an expert New York Probate and Estate Planning law firm, such as Raiser & Kenniff, PC, to expertly and attentively provide the care and attention that the will requires. With over 20 years of experience in Estate Planning, you can have faith that your will is executed accurately and that it will be valid at the time of the reading, exactly as you planned. It is wise to create a will early in your career, so your family is taken care of; you are able to adjust a will whenever necessary.
When you have decided you are ready for some answers concerning your own Last Will and Testament, contact Raiser & Kenniff, PC for a consultation to discuss the contents and your rights under New York law. You can never arrange this legal document to early, and when you are finished, you will have no worries living your life to the fullest knowing your family is taken care of. Every detail and technicality must be documented properly, so it is best to consult our experienced probate attorneys before taking any action.
The question often arises, “Can the will be handwritten?” These are called holographic wills, and they are not valid in every state. According to New York Law, holographic wills are legal, but only in specific instances. Raiser & Kenniff, PC, is very knowledgeable in every detail of Estate Planning, and they will discuss your rights in the New York statutes explicitly.
In addition to the will itself being precisely written, there are legal formalities to consider, such as the way it was witnessed and executed. You can rest assured that Raiser & Kenniff, PC will prepare your will accurately, legally, and to your specifications. After all, this is your active declaration to your family.
New York Probate Lawyers Responsibilities at Death
A will is the key element in estate planning, and it is designed to create a vehicle for the deceased to express his or her last wishes for their loved ones. After the death of the owner of the will, a family member contacts their probate lawyer, and the probate lawyer immediately files the will, and all other pertinent documents, in the New York Surrogate Court.
The court will then appoint an executor to oversee the distribution and administration of the estate if one has not been designated. The executor manages the estate: they will pay off any outstanding debts, assemble the assets and then distribute the assets to the heirs in the will. This is where the absolute accuracy of the will is essential because if the court determines the will to be invalid, the court will require all the assets to become property of the state.
If family members are not happy with the results or how the will was handled by the executor, which occasionally happens, they must file a Will Contest. The New York Probate Lawyer may become a legal representative in the case or not according to the contestant’s wishes.