Will Requirements

long island attorney for wills and trustsThere are a number of requirements necessary to write what is referred to as a self proving will.

I.   You must be of sound mind to write a will.

  • You must understand what you are putting into the will. You must know you are writing a will.
  • You must understand who your next of kin are and what your assets are.
  • You must be 18 years old, in the State of New York, to write a will.

II.   When executing a will, you must state that this is your will. You must acknowledge to the individuals witnessing your will the document in front of you is your will.

III.   You must sign the will at the end and date the will.

IV.   In the State of New York, the will must be attested to by a minimum of two witnesses. Good drafting requirements suggest you use three witnesses, should one of the witnesses become unavailable at a later date. It is important the witnesses be independent, neutral parties and not beneficiaries under your will.

  • The witnesses must see you execute the will and hear you state the document is your will.
  • The witnesses must sign the will after you sign the will, and sign the will in front of each other witness at the same time.

V.   If you have children, the will should:

  • appoint a guardian for your minor children in the event of your death.

VI.   Concerning your assets, the will should identify what your assets are and state who should inherit them.

VII.   Assets not specifically referred to in the will should also be distributed by the will.

VIII.   The appointment of an executor:

  • The executor is responsible for supervising the burial, the payment of your debts, and the distribution of your assets.

Conclusion

The question is, should I have a will or do I not really need a will? The answer is, you do need a will. If you have any type of assets, you should have a will to distribute them. If you have children, your will should name the guardians of your children in the event of your death. If you don’t have a will, the State of New York will determine who receives your assets and who raises your children. For peace of mind and doing what is in the best interest of your children and other family members, hire an experienced, qualified attorney and write a will. You will find it is not that painful and not very expensive.wills attorney in New York