How to Write a Legally Valid Will in New York
It can be overwhelming to consider how to create a will. You don’t want to think about leaving your family or your loved ones mourning your death. These emotions can lead to “writing a will” having a permanent entry on your to-do list. You know it needs to be done, but you can’t bring yourself to do it and cross it off the list.
However, you don’t have to do it alone. Attorney Theodore Alatsas can guide you through the process of writing a legally valid will to honor your wishes and protect your loved ones.
Steps to Writing a Legally Valid Will
Writing a will does not need to be done during an emergency. You can do it at any time, and we encourage you to do it before a crisis occurs. Brooklyn estate planning lawyer Theodore Alatsas will help you take the necessary will creation steps, including:
- Choosing beneficiaries. Your will should specify who you want to inherit your property and possessions.
- Naming guardians for your children. Minor children and adult children with special needs will need to be taken care of after your death. You can protect them by naming a guardian in your will.
- Selecting an executor. The executor manages your estate after your death, so choose someone trustworthy and organized.
- Writing a will. Your last will and testament should be written.
- Dating and signing your will. In New York, a legally valid will must be signed and dated by the testator.
- Having your will witnessed. Two witnesses must sign your will in New York. A witness signs a will to verify your identity and cognitive capacity to create a will. Witnesses must be competent adults and must sign the will within 30 days of your signature.
- Including a self-proving affidavit. This sworn statement signed by the testator and witnesses helps streamline the probate process.
- Storing your will securely. Keep your will in a secure location, like a fireproof safe, or give it to your attorney for safekeeping. Make sure your executor knows where to find it.
What to Include in a Last Will and Testament
When crafting your will, be sure to include these key elements:
- Your full legal name and address
- A statement revoking any previous wills
- The names of your beneficiaries
- A list of assets being distributed
- The names of the guardian(s) you appoint for your minor children or adult children with special needs
- The name of your executor
- Your signature and date
- Signatures of two witnesses
Online Will Makers vs. Lawyer-Drafted Wills
These days, it's easy to find websites that promise to help you create a legally binding will in just minutes. While these services may work for those with straightforward estates, most people benefit from the advice of an experienced estate planning attorney.
An attorney can help you:
- Meet the legal requirements for wills in New York so that your will is valid and your wishes are honored
- Minimize estate taxes
- Designate guardians for your children
- Provide for a child with special needs
- Protect assets from creditors
- Set up trusts to manage how and when assets are distributed
How Often Should You Update Your Will?
Life is full of changes. It's wise to review your will after getting married, having a child, receiving an inheritance, getting divorced, or experiencing any other major life event.
An outdated will may no longer align with your wishes. Updating your will regularly ensures your loved ones will be provided for in accordance with your current circumstances and desires.
Choosing an Executor for Your Will
When selecting an executor for your will, consider the scope of their responsibilities. The executor must:
- File your will in probate court
- Pay any debts and taxes owed by your estate
- Distribute your assets to your beneficiaries
- Handle any disputes that arise
Given the importance and potential complexity of this role, choose someone responsible, trustworthy, impartial, and up to the task.
Common Mistakes to Avoid When Writing a Will
As you consider how to create a will, it’s just as important to consider mistakes you can avoid. Some common mistakes that could interfere with your estate planning goals include:
- Drafting a will without legal advice
- Failing to sign and witness the will
- Choosing a beneficiary as a witness
- Using imprecise language about how assets should be distributed
- Not coordinating beneficiary designations on financial accounts with the will
- Forgetting to update your will after life changes
Cost of Making a Will: DIY vs. Attorney Fees
The initial cost of do-it-yourself wills is often less than hiring an attorney. However, you take on significant risk with the lower price tag. Any mistakes or oversights could lead to drawn-out legal battles for your loved ones. One misplaced word can completely alter the meaning of a clause and leave your loved ones fighting as they mourn for you.
Hiring a knowledgeable Brooklyn estate planning lawyer may cost more upfront but can save your family a lot of money and emotional pain in the long run. A skilled attorney can help ensure your will is comprehensive, clear, and, most importantly, legally binding.
How to Create a Will with Help from a Brooklyn Estate Planning Attorney
Writing a will is one of the most important things you can do to protect your loved ones. With so much at stake, don't leave anything to chance.
If you don’t know how to create a will and you either fail to act or create a will that is not legally valid in New York, then the State of New York will decide what happens to your property and who has guardianship of your children. You will lose your chance to protect your loved ones or provide for your favorite causes. You’ve worked too hard and you care too much about the people in your life to let a mistake take this opportunity away from you.
Attorney Theodore Alatsas understands that creating a will can be emotionally challenging. Our Brooklyn estate planning law firm is here to help you create a personalized will that reflects your wishes so that you have peace of mind no matter what happens.
For more than 30 years, Theodore has been helping Brooklyn residents create legally sound wills. He is a lifelong Brooklyn resident and is committed to helping local families plan for the future.
