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Raiser & Kenniff, PC, is a premier Last Will & Testament creation law firm. This is a document where a person sets out wishes, regarding the division of property upon the death of the individual. The document specifies how, and to whom, the property will go to. The person decides which property goes to which member of his or her family. The person can even decide that the property be left to charity. Depending on the type of assets left behind, a will can be easy and straight forward, or it can be complex. It’s important to have such a document in place, prior to your death. Your last will and testament is important, and crucial – when considering estate planning. Depending on your situation, you may also need a trust or an advanced health directive. It’s crucial you speak to a New York Last Will and Testament lawyer to ensure your rights, and your descendent’s rights, are protected.
Many people mistakenly believe that a will is something which can be drafted informally on a piece of paper. This is known as a holographic will. This is a will in the handwriting of the person whose estate is in question. The validity of this will varies from each state to state. It’s important to realize, that when creating a will – there are many pitfalls – which can result in the will being disqualified. It’s important to consult with an experienced New York Will and last testament lawyer. There are many technical rules which have to be addressed when creating the will. Rules pertaining to how it’s executed, and whether or not it must be witnessed when signed, are crucial and must be abided.
If a loved one passes away, a probate case is opened. During this process, the will is reviewed by the court and verified. If the will is found to be invalid, then the inheritance will be determined by the intestate succession. It’s crucial to realize that there’s a narrow time frame in which the will be submitted to probate court. The court will then appoint an executor of the estate, and then the estate will be distributed. The death of a loved one can cause you to suffer emotionally, and make irrational decisions. A New York probate lawyer can help ensure that families don’t go to war when deciding over a will. Some family members may take offense to the fact they were left out in the will. The validity of the will can be questioned – in a process known as Will contest. If you find yourself in probate litigation, then it’s important you contact our New York elder law attorneys. Our attorneys are available 24/7 to help you get the justice you need, and deserve.