You need to get all your estate planning documents in order, so that your loved ones do not have to deal with any additional distress when you, unfortunately, pass on. With this, your estate planning documents must be valid. Follow along to find out what makes a Last Will and Testament valid and how one of the proficient New York City wills attorneys at Zimmet Law Group, P.C. can help you in establishing this.
What is a will?
First of all, a Last Will and Testament allows you to establish how your assets will be passed on to your beneficiaries upon your death. You may include assets as small as personal belongings and as large as real estate property.
What’s more, a will allows you to designate an executor. This is an individual who carries out all the provisions stated in your will upon your death, such as filing the will with probate, distributing your assets at the appropriate time to the appropriate beneficiaries, and much more. With a will, you may also appoint a guardian for your small children or even the individuals who are to take care of your pets upon your death.
What makes a will valid in New York State?
Notably, a will is considered to be one of the most significant estate planning documents that one could draft. This is why it is important to ensure that it is valid before it is too late. With that being said, the requirements for executing a valid will in New York State are as follows:
- A will must be drafted in writing.
- A will must include the date of its drafting.
- A will must include a written signature by the testator (i.e., the subject of the will).
- During the signing of a will, a testator must declare that they are of full capacity and wholly understand what they are doing.
- During the signing of a will, two individuals must be present as witnesses.
- During the signing of a will, the two witnesses must also include their written signatures.
And though it is not required by New York State law to have an attorney present during the signing of a will, it is highly recommended. Also unique in New York State, a notary is not required for a will. But once your will is properly established, you must keep it in a safe and accessible place. This location should be carefully shared with one or more of your trusted loved ones, as a copy of your will does not suffice.
For more information on how to establish an enforceable will, you must not hesitate in speaking with a talented New York City estate planning attorney. We await your phone call.