It is not an altogether pleasant thought: Thinking about what happens after you have passed on. However, it is absolutely essential considering that there is no avoiding this aspect of life. That is why you have begun crafting your estate plan, starting with writing your will. While New York State law does not require you to retain the services of an attorney, even minor slip-ups could invalidate your will. If you need help with estate planning, please read on, then contact an experienced Rockland County will attorney to learn what issues could invalidate a will in the state of New York.
How might you invalidate a will in New York?
An almost unlimited number of factors could suggest a successful basis for your survivors to contest your will. That being said, some of the most common factors that could lead to your will being invalidated, include the following:
- Making last-minute changes: By far the most frequently encountered, this scenario arises when a deceased person executed a will close to the end of his or her life that drastically changed his or her estate plans. Usually, this is combined with one or more of the subsequent factors.
- Another person unfairly demonstrating control of your estate: If your estate plan is altered soon after another person gains control of your healthcare and finances, those who contest your will may draw unflattering conclusions.
- Another person exercising undue influence: If a confidential relationship exists and a will is created that benefits this person, this may likewise raise suspicions.
- Having questionable mental capacity: Because you have a degenerative condition or suffered an intervening event that resulted in possible mental capacity, your will may come under fire.
- Creating dubious legal situations: It might raise some eyebrows if your lawyer becomes a beneficiary under a new will.
- Allowing for errors in execution: If your will does not provide clear and unambiguous instructions, it could lead to errors in execution that jeopardize the validity of the document as a whole.
- Not explaining changes: If you make a drastic alteration in your estate plans, you would be well advised to adequately and unequivocally explain your reasoning.
Whatever stage you are at in the estate planning process, you would be wise to reach out to a skilled Rockland County wills, trusts and estates attorney to discuss your options and begin finalizing your estate plans. Our legal team will help you draft a legally binding will using the clearest, least-contestable language that can be achieved. With our help, your last will and testament can survive even the most serious challenges, so please do not hesitate to give us a call today.
Contact our Firm
The Lauterbach Law Firm is proud to serve clients throughout Rockland County who are faced with legal matters related to estate planning, real estate, foreclosure defense, landlord-tenant law, business law, and criminal defense. If you require the services of an experienced team of attorneys, contact The Lauterbach Law Firm today to schedule a consultation.