Nobody likes think about dying. It’s discomforting, sad, and an unfortunately, a fact of life. Are you prepared (well, to the best that one can be prepared)? Are you certain that your wishes will be carried out and that your estate will be distributed according to your desires?
Well, if you don’t have a will, the only guarantee is that someone else will be making these decisions for you. Mostly, New York State will dictate where your assets are to go. The “administrator” that is appointed by the Surrogates Court will also have a direct input on what happens to you and the things you’ve acquired during your life time.
You see, if you die without making a valid will in New York State, you are deemed to have passed “intestate”. There are a myriad of statutes that will direct the disposition of your estate and oftentimes those rules will be in direct contradiction with what you would like to do.
In order to avoid State intervention and to ensure that your wishes are carried out, contact Ezdrin & Woods for a consultation. If you live in Nassau County and wish to execute a Last Will and Testament, one of our attorneys can help you plan for the future of your loved ones.
Despite what you may have heard, preparing a will is relatively inexpensive. Be wary of “online forms” or “do it yourself” kits available at local stationary stores. In most instances, the key to a successful will is the execution. New York State requires specific criteria to be met before a will can be considered valid. When the will is offered to probate, poor or improper execution may invalidate the will.
Ever hear the expression "penny wise, pound foolish". Don't cut corners now by trying to save a few dollars. If the will is challenged or otherwise questioned and proper execution can’t be proven, your estate may be faced with THOUSANDS of dollars in otherwise unnecessary litigation.
At Ezdrin & Woods, we will not only draft a will that reflects your wishes, but we will also make certain that all of the necessary procedures are followed and that the will is otherwise valid. This includes all necessary affidavits from disinterested persons that are required by the State of New York.Why Do I Need a Will?
There are SO MANY reasons why a properly executed and valid will is necessary, especially if you have children. If you a wondering whether you should execute a Last Will and Testament, think about the following:
- Who will care for my minor children if something happens to me?
- What about my remains, will I be cremated or buried?
- Will there be a wake? Where?
- Where will I be buried? Do I have a plot already?
- Do I want a living will also, or do I want some stranger to make health care decisions for me?
- Do I have specific possessions that I wish to pass to specific persons?
- Are there any family members that I WANT EXCLUDED from my Will?
- What about my children’s future? Is there college planned for?
- How about my spouse? Will he or she be O.K.?
- Who will be in charge of executing my Will? Do I want to pick the person (executor) or let the State appoint one (called an administrator)?
In Nassau County, drafting a will is relatively quick and inexpensive. It is a solid investment in that it will potentially avoid the expense of litigation which can drain your estate and leave your family and loved ones with less. You should want as much of your estate to pass to your family as possible. Plan ahead and don’t tie that money up in otherwise unnecessary legal fees.
If you have questions about drafting a will, or if you’d like to revoke a prior will and update and execute a new one, call the will Attorneys at Ezdrin & Woods, PC. We will meet with you, discuss your goals and implement a plan to help you obtain them. Call us for a consultation at (516) 307-1330.