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What Is a Will?

A will can help ensure your loved ones are provided for after you pass away. A will is a document that provides for how you want to distribute your assets after death. Without a will, the government will have to handle your estate administration according to New York law, which may not be the same as how you would provide for those around you. If you have questions about making a will, an experienced Brooklyn estate planning lawyer can give you legal advice and help you provide for your family.

What Do I Need for a Will?

The specific requirements for a will depend on the state. In most states, the requirements for a will include:

• Be of legal age and sound mind
• Make a will in writing
• Signed by qualified witnesses

The age requirement for most states is 18, but older or younger in a few states. A will has to be made in writing in most states, but some states will also accept oral wills in limited circumstances. Some states also accept a will that is not witnessed if it is in the testator’s handwriting. It is important to make sure the will is valid or it may not be enforceable. Talk to a New York wills attorney to make sure your will is valid and enforceable to provide for your loved ones.

What Happens If I Die Without a Will?

If you die without a will, you are considered to be dying “intestate.” Intestate means that there is no will or estate planning tool to determine how to distribute your assets in death. The probate court will take account of your property and debts and distribute your remaining assets under New York intestacy laws. Intestacy will distribute the assets to family relations based on the relationship to the deceased, starting with the spouse and children. If there are no relatives, the property will go to the state.

What Is a Living Will?

A living will is different from a last will and testament. A living will is also known as an advance healthcare directive or medical directive. An advance directive can provide for medical decisions in the event that you are no longer able to communicate your wishes because of incapacity or illness. A living will can let doctors know what kind of care you want or don’t want if you have a terminal illness or are incapacitated. An elder law or estate planning attorney can give you more information about living wills.

Are There Alternatives to a Will in New York?

There are alternatives to a will that can provide for distributing your property after death. The most common will alternative is a trust. A living trust is another type of estate planning document where the trustee holds the property and assets for the benefit of the beneficiaries. A trust can allow you to still maintain the use and control of your property while you are living and avoid probate after death.

When Should I Make a Will?

Many people put off making a will because they don’t think they need one. A will can be an important tool for any adult to make sure their wishes are carried out after they pass away. In most states, anyone 18 or older can make a will. Making a will is important if you have children, family, or loved ones you want to provide for in the event of death. Without a will, your assets will be distributed to family members based on New York intestacy laws.

How Much Does an Attorney Charge for a Will?

An average will can cost from $500 to $2,000 or more. For most people, an attorney can prepare a basic will for a flat fee. Other lawyers may charge an hourly rate for legal services. The cost for a will depends on the type of estate, the amount of assets, and the individual needs of the client. To get an estimate for how much it will cost to prepare a last will and testament in your case, contact a Brooklyn estate planning law firm for a quote.

When to Hire a Lawyer

It is in your best interest to get legal help early on in addressing your situation. There are times when hiring a lawyer quickly is critical to your case, such as if you are charged with a crime. It may also be in your best interest to have a lawyer review the fine print before signing legal documents. A lawyer can also help you get the compensation you deserve if you’ve suffered a serious injury. For issues where money or property is at stake, having a lawyer guide you through the complexities of the legal system can save you time, hassle, and possibly a lot of grief in the long run.

How to Prepare for Your Initial Consultation

Prepare for your consultation by writing down notes of your understanding of the case, jot down questions and concerns for the attorney, and gather your documents. Remember that you are trying to get a sense of whether the attorney has your trust and can help you address your legal issues. Questions should include how the attorney intends to resolve your issue, how many years he/she has been practicing law and specifically practicing in your area, as well as how many cases similar to yours the attorney has handled. It can also be helpful to broach the subject of fees so that you understand the likely cost and structure of your representation by a specific attorney and/or legal team.

Points to Consider Before Hiring a Lawyer

Experience. Regardless of the type of legal matter you need help with, an experienced attorney will usually be able to get you better results.

Competence. Determine an attorney’s expertise by asking about their track record for the issue you need help with resolving.

Fit. There are plenty of good attorneys out there; make sure you find one you are comfortable working with.

Common legal terms explained

Affidavit – A sworn written statement made under oath. An affidavit is meant to be a supporting document to the court assisting in the verification of certain facts. An affidavit may or may not require notarization.