When planning for the future, writing a will might be the most important step to protect your assets and ensure your loved ones are financially protected. Many people ask, Do you need a lawyer to make a will? While you are not legally required to hire an attorney to draft your will, having an attorney is often crucial in ensuring that your estate’s administration runs smoothly.
The Law Offices of Andrew M. Lamkin, P.C., is an award-winning legal team focusing exclusively on estate planning matters. Attorney Andrew Lamkin can place safeguards in your will so your loved ones receive what they should.
Understanding the Basics of How to Make a Will
A will outlines how to distribute your assets after you die. In New York, a valid will must meet specific legal requirements, such as:
- Being in writing,
- Being signed by the testator (the person making the will), and
- Having at least two individuals witness the signing.
Testators must be at least 18. If a testator cannot sign their will before two witnesses, they have 30 days to attest to the testator’s signature. After a testator passes, they can have their will submitted to probate to distribute their assets according to the will’s instructions.
Can I Write My Own Will?
Yes. There are many online resources and DIY will kits available. However, without legal guidance, you could make mistakes that invalidate the will or create unintended consequences. Making a will on your own could result in errors that get the will thrown out of probate court or cause lengthy legal fights between intended and unintended beneficiaries.
Potential Pitfalls of a DIY Will
While drafting your own will may seem straightforward, you should navigate the complexity of estate planning with professional insight. Without guidance, common pitfalls that may occur when you make your own will can include:
- Improper execution. New York law has strict rules on how a will must be signed and witnessed. A simple oversight can lead to a court declaring your will invalid.
- Ambiguous language. A will should be clear and precise to avoid confusion about where a testator’s property should go and disputes among beneficiaries.
- Failure to consider complex assets. If you have multiple properties, investments, or business interests, a DIY will may not provide adequate provisions for their management and distribution.
- Lack of contingencies. A professionally drafted will accounts for unexpected changes in your circumstances, such as the loss of assets, the birth of new children, or changes in spouses.
You may change your mind about your estate after you execute your will. Although you can change your will anytime, you must make the changes properly.
To change your will, you might have to do the following:
- Write an entirely new will that covers all the same provisions as the initial will;
- Destroy the initial will by tearing, cutting, burning, or otherwise mutilating it; or
- Write a legal document (called a codicil) indicating your intention to change or revoke the initial will, which is signed or attested to in front of two witnesses.
If you have an existing will that you want to change, bring it to us. Andrew Lamkin can help ensure that the changes meet all your needs and are executed properly.
What Happens If Your Will Is Declared Invalid?
If a will is not executed properly or fails to meet New York’s legal requirements, it may be invalidated by the probate court. In such cases, your property is distributed according to New York’s intestate succession laws. When someone dies intestate, it means that the person died without a valid will. The intestate rules dictate the distribution of a deceased person’s (decedent’s) estate as follows:
- If the decedent died with a surviving spouse and no children, all of the estate goes to the decedent’s spouse;
- If the decedent died with a surviving spouse and children, $50,000 of the estate and half of the remaining estate goes to the spouse, and the other half of the remaining estate goes to the children;
- If the decedent died with children but no surviving spouse, all of the estate goes to the children;
- If the decedent died with no children or spouse, all the estate goes to the surviving parents; and
- If the decedent died without children, a surviving spouse, or surviving parents, the estate goes to grandparents, siblings, or extended family members.
Your estate passing according to the above-listed rules may not align with your wishes. For example, if you want to leave specific assets to a close friend or charity, they may not receive anything if intestate laws take effect. Or if you are divorced but still want your ex-spouse to have part of your estate, intestate succession laws might leave your ex-spouse with nothing.
Additionally, even if a will is valid, it may not cover all aspects of your estate. Any assets not specified in the will may also be distributed under intestate laws, potentially causing conflict among surviving family members.
Why Choose the Law Offices of Andrew M. Lamkin, P.C.?
At the Law Offices of Andrew M. Lamkin, P.C., our entire practice focuses on estate planning, elder law, and probate matters. Our team provides personalized legal services that prioritize your unique goals and concerns. A few of the reasons why people hire us include:
- Extensive knowledge. With more than a decade of experience in New York estate law, we can ensure your will meets all legal requirements.
- Compassionate guidance. We understand the sensitive nature of estate planning and provide a supportive approach to help you make informed decisions.
- Tailored solutions. Our firm works closely with you to develop customized strategies that reflect your wishes and protect your loved ones.
Please don’t hesitate to contact us when you need help with your estate planning.
Contact Our Office Today
Do you need a lawyer to make a will or help you ensure your current one is valid? If you’re considering drafting a will or need assistance with estate planning, our team at the Law Offices of Andrew M. Lamkin, P.C. is here to help. We are highly knowledgeable and highly respected in the New York legal community. Contact us today to schedule a consultation and take the first step toward securing a more peaceful future for you and your loved ones.
Andrew Lamkin is principal in the law firm of Andrew M. Lamkin, P.C., where he focuses his practice in the areas of elder law, estate planning and special needs planning, including Wills and Trusts, Medicaid planning, estate administration and residential real estate transactions. He is admitted to practice law in New York and New Jersey.
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