Can you write a will without an attorney in New York? That all depends on your unique circumstances. If you do not know whether you can write a will without an attorney, please read on, then contact an experienced Rockland County will attorney to discuss your next steps. It’s important to understand that there are plenty of “DIY” forms and guides online that can help you write a will. However, this may not be in your best interest. A will is one of the most important documents you can establish, and ensuring there are no errors in the language or terms and conditions is critical. That is why it is in your best interest to connect with an experienced estate planning attorney to help guide you through this process.
Can You Write a Will Without an Attorney in New York?
According to the laws of New York, you do not need an attorney to write a will. All you need to do is write a document that declares in clear and unequivocal language that it is your will. You must sign it and date it in the presence of two witnesses. To ensure the document is legally valid, these two witnesses must not be beneficiaries of the will. Those two witnesses must then sign and date it at the bottom. They need not know the content of your will, just that they are cognizant of the fact that it is your will and that it is explicitly acknowledged as a will when you are signing it. Other than their signatures, they should not otherwise be referenced in the document.
You’ll also find that New York law dictates how a will must be written:
- Your will must be written on paper
- You must be of sound mind when signing the document
This rule exists so that a spouse or another family member would not be able to take advantage of someone who is struggling with a mental health disorder or a degenerative disease. You don’t even need a notary. After these formalities, you should put your will in a safe and accessible place until it is needed.
How Can an Attorney Assist Me in Writing a Will?
Estate planning professionals have more comprehensive knowledge of how to write a will that honors your wishes. They will know to include the following specifications:
- Your pertinent personal information
- What property to include
- Who will inherit your various items of property
- The executor to handle your estate
- The guardian of your minor children, if you have any
- Someone to manage your children’s property, i.e., a trustee
The intent of your will is to help protect your family and your property. You can also use a will to leave your property to non-related people or organizations.
Can Some Assets Be Left Out of a Will?
It’s important to understand that some assets may not have to endure the probate process, even if they are excluded from the will. Many assets allow you to name a beneficiary, and often enough, that is all you have to do to ensure that the asset goes ot the correct entity. This is generally applicable to assets including:
- Bank accounts
- Retirement accounts
- Pensions
- Life insurance
It’s important to understand that you should regularly check your beneficiary designations to ensure they are up to date and reflect your wishes.
What happens if I die without writing a will?
If you die intestate or the will you drafted is deemed invalid after your passing, the state will act as though you had no will at all. This means your property will be distributed in accordance with New York State intestacy laws, meaning it will be passed to your closest relatives, starting with your spouse and children. If you have neither a spouse nor children, the state will award your property to your siblings, parents, or grandchildren. Should these relatives predecease you, New York will award your property to increasingly distant relatives, including cousins, aunts and uncles, great-grandchildren, great-nieces, and whoever else would have an interest in your property.
If the state cannot find any relatives connected to you by blood or marriage, the state will take your property. Don’t let others decide what happens to your property; contact a skilled Rockland County wills, trusts and estates attorney today. Every estate is different, but our experienced legal team will take the time to develop a unique plan that gives you and your loved ones peace of mind.
Contact our Firm
If you are planning your estate, it’s in your best interest to connect with an experienced estate planning attorney to assist you during these complex times. We understand that this can be an incredibly overwhelming process, which is why the Lauterbach Law Firm will help you understand your options so you can make an informed decision. When you are ready, contact us today to learn more.
