Everybody Needs a Will And Estate Lawyers Play a Crucial Role

It is critical to work with a seasoned estate lawyer when estate planning. A New York estate law firm helps their clients in many ways, including by making sure that will and trust documents reflect the client’s wishes. If you pass away without a will, and you have not made other provisions for the disposition of your assets, New York intestacy law will determine who the beneficiaries of your estate are. Counsel also assists with probate and administration processes and procedures in Surrogate’s Court that affect an estate. If you need a will, call the seasoned New York estate lawyer Jules Haas. He has 40 years of experience handling all aspects of estate law, including the creation of a will.

What Role Does an Estate Attorney Play in Creating Your Will?

Your counsel will make sure your will is legally valid in New York and accurately reflects your desires. At the same time, he can make sure that your tax liability and the risk of probate disputes is reduced. Sometimes estate attorneys must draft complex provisions of a will or trust. And they must make sure that the will is properly executed.

The first step in a will is ensuring that the will meets the requirements of New York statutes. Failure to follow formalities can result in a will being invalidated; a seasoned attorney can make sure that your will follows those formalities. Among other things, the testator (person who makes the will) must have testamentary capacity and intent, meaning they are of sound mind and at least 18 years old. They need to comprehend the nature of making a will, along with the value of their assets, who the potential beneficiaries are, and the implications of their choices in making the will.

The testator must face no undue influence or pressure from other parties. The help of experienced counsel can make sure that there is no undue influence or manipulation; when counsel drafts a will, this can reduce the chances that the will is challenged in a will contest based on a claim of undue influence.

Additionally, a valid will should be in writing to minimize the potential for misinterpretation. Your attorney will make sure the language is precise so that it unambiguously and accurately reflects your wishes. This can prove to be very important in case there is a challenge to the will after your death.

A will must be signed in the presence of two witnesses, impartial parties who also add their signatures. Because they aren’t beneficiaries, conflicts of interest are mitigated.

Your counsel will also help you select an executor. In most cases, the court will honor your choice of executor, but it is important to choose someone who is reliable and capable of serving in this important role. Generally, the person who you name must have an attention to detail to make sure that the estate’s affairs are handled in the way that you intended and in the way expressed in the will.

Estate Tax Planning and Asset Protection Strategies

In addition to appropriately expressing your wishes in legally binding, unambiguous language, a lawyer can review with you your intentions for your estate and develop strategies to minimize tax liability, which can save your heirs money. Sometimes testators, particularly those of high net worth, may have a particular interest in protecting their assets.

Consult an Experienced Estate Planning Law Firm

Mr. Haas has many years of experience working to advise clients in the planning and creation of their Wills and Trusts. He works to make sure that clients’ plans are legally sound and are in line with their wishes.

Dedicated to providing clients with personal and attentive service, Mr. Haas handles estate planning, along with all probate, estate administration, Surrogate’s court, and guardianship cases throughout New York and surrounding communities. Contact him now for personalized, attentive service and a free case evaluation via our online form or at (212) 355-2575.