Executing a Will in NY and how it is done?
An individual can pass on his or her wealth and assets to someone after death if he or she has already made a legal document called Will. The Will can only be validated if it is signed by the testator in front of witnesses who have nothing to do with the Will. If a testator wants his wishes to be fulfilled after his death without hindering the established probate procedure, then executing a Will is a vital task that should not be ignored. As per the Estates Powers and Trusts Law 3-2.1, a Will can only be called valid if all the requirements are met. Therefore, to make sure the Will is properly executed demonstrating the testator’s wishes, contact an experienced estate lawyer in New York.
What Requires Executing a Will in New York City?
Some necessary elements must be adhered to for a Will to be considered legally absolute:
Mental Capacity of the Testator and His Intent
When a testator’s mental capacity and intent are in the right place, only the executing Will in NY is possible. Based on the EPTL 3-1.1, the testator has to meet two important criteria. First, the testator has to be sound-minded and over 18 years old. This defines the significance of mental clarity and maturity during the Will creation procedure. It also suggests that the testator is aware of the nature and significance of their testamentary act and what he or she is about to do in the Will. Secondly, the testator must be free from undue influence and external pressures when signing the Will. Thirdly, the testator can sign the Will after the witnesses bear in mind the witnesses should not be a part of the Will or the court will invalidate the Will entirely. Having a self-proving affidavit can expedite the probate procedure, affirming execution of Will in NY was done complying with the legal requirements. Lastly, the testator can appoint an executor who will be responsible for handling the estate affairs of the testator in case he is incapacitated.
When foul play is involved during the creation of Will, it can no longer be considered valid as a result, testator’s family members even lose their share of his assets and wealth unless called for probate. As a testator, you have to make sure your assets pass to the right heir after your death; executing Will in NY has to be legally in the Law Offices of Roman Aminov, P.C.
A Will is a vital legal document where a testator pretty much seals his family’s future, affirming proper asset distribution after his demise. Therefore, it has to be legally binding and free from outside influence hence call an experienced estate lawyer in New York to help you with executing Will in NY.
Roman Aminov Estate Law Brooklyn Esq. 1600 Avenue M, Brooklyn, NY 11230, United States +13477662682 www.aminovlaw.com