×

What Should Not Be Included in a Will in the State of New York?

Whatever you may or may not believe, you can’t simply just put anything in your last will and testament. Certain items and actions are not for you to dictate, especially after you are no longer around to see to them. If you need help with writing a will, please read on, then contact an experienced Rockland County will attorney to learn what should not be included in a will in the state of New York.

What can’t you put in a will in the state of New York?

The Empire State bars you from putting a long and varied list of things in your last will and testament. Some of those things include, but are not limited to, the following:

  • Business interests
  • Personal wishes and desires
  • Coverage for a beneficiary with special needs
  • Property in a living trust
  • Retirement plan proceeds, including money from a pension, IRA or 401k
  • Stocks and bonds held in beneficiary
  • Proceeds from a payable-on-death bank account
  • Anything you do not want going through probate, such as personal property or household items

Why do you need to write a will in New York?

Strictly speaking, you do not have to create a will in the state of New York. However, if you die intestate, i.e. without a will, your property will go to your closest relatives, beginning with your spouse and children, then a series of increasingly distant relations. For your own personal reasons, you may not want that to happen. Furthermore, a will can help shield your family and property. In a will, you can do the following:

  • Leave your property to people or organizations
  • Name a personal guardian to care for your minor children
  • Name a trusted person to manage the property you leave to minor children
  • Designate an executor, i.e. the person who makes sure that the terms of your will are carried out

Please reach out to a skilled Rockland County wills, trusts and estates attorney in order to discuss your next steps.

What can a Rockland County estate planning attorney do for you?

While the Empire State does not require you to engage the services of a legal professional in order to create a will, you would be well advised to do so. For instance, if you think that your will might be contested or if you wish to disinherit your spouse, you should talk with an attorney. Our firm can help you create a will that will withstand or prevent any challenges to its legitimacy. By fully apprising you of your rights and responsibilities, we will help you draft a will that meets your needs and those of your chosen heirs. This process can be time-consuming and complicated, so you can’t afford to go it alone. Please 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.

Read Our Latest Blogs

  • What Do I Need to Know About Digital Estate Planning?
  • What Should I Know About Filing Bankruptcy for My Student Loans?
  • Wills vs. Trusts: What Are the Differences?