Nowadays, having a solid estate plan is more important than ever. This is because many adults now have various complicated assets (such as digital finances) that need to be considered. Even if you think you’re too young to start estate planning, it’s never too early to protect your assets using estate planning tools at your disposal. If you’re thinking about beginning your estate, you might be wondering how you can ensure it will be legally binding in your state. Thankfully, our knowledgeable law firm has the answers you’re looking for! Continue reading to learn more, or reach out to a Rockland County Wills, Trusts & Estates Attorney who can provide individualized legal counseling.
HOW DO I KNOW IF MY ESTATE PLAN IS LEGALLY BINDING?
There are various documents and agreements you’ll need to consider creating for your estate plan, such as wills, trusts, living wills, and power of attorney. The best way to ensure that your estate plan is legally binding under your state’s laws is by consulting an estate planning attorney. Legal professionals will know what you need to do to validate legal documents for your estate plan. An experienced estate planning attorney will also guide you through all of your options for your individual needs.
IS MY WILL OFFICIAL IN NEW YORK COURTS?
In order for a will to be legally binding under New York’s estate laws, it must meet the following requirements:
- The testator (the person creating the will) is at least 18 years old
- The testator is “of sound mind and body”, meaning they know that they are creating a will and that they are generally aware of their assets
- Two people witnessed the creation of the will
- The witnesses saw the testator either sign the will after creating it or acknowledge that the will is theirs
- The witnesses confirm that the testator signed/acknowledged the will within 30 days of the date
- The witnesses signed their names and addresses on the will
If you’re unsure if your estate planning documents are valid, speak with an attorney who can help you to determine if any further action is needed to validate them. Keep in mind that in New York courts, handwritten and oral wills are usually only valid for families of military members when they are deployed.
Are you considering beginning your estate plan in New City, New York? If so, you might be seeking a trustworthy estate lawyer who can help you to protect your best interests. Look no further because the Lauterbach Law Firm is on your side every step of the way! Contact our highly experienced legal team today for an initial consultation.