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Do I Need An Attorney To Make A Will On Long Island?

by Albert Gurevich on December 15, 2014

Could Doing Your Own Will Cost Your Beneficiaries?

If you look up estate planning online, you can find almost countless resources on all of the ways that you can write your own will in order to save yourself some legal fees. The parties behind these resources try to convince the customer that DIY when it comes to estate planning is perfectly fine and it is not something where an attorney is actually needed. This really is not the case and, in order to make sure that your wishes are followed and to eliminate the chances of someone trying to contest your will, you should hire a Long Island estate attorney to deal with every aspect of your estate plan.

There is much that goes in to a will to make sure that it is valid in New York. Basically, a will in New York must be written, signed by you in front of two witnesses or, if you aren’t able to sign yourself for some reason, direct someone (who is not a witness) to sign for you. The two witnesses, both of whom should be over the age of 18, must also sign and put their address on the will.

There are other things that must be taken into account also when it comes to the will itself that go beyond just the minimal legal requirements, however. Usually, Long Island estate attorneys will have the witnesses sign an affidavit that the testator signed the will and that the person signing the will was competent to do so. Having these affidavits are important because if the will is contested on the grounds of competence, fraud or something similar, and the witnesses cannot be found, this would be a sworn statement as to capacity and identity which can be used as evidence.

Besides simply making sure all of the paperwork was done properly, the attorney will also make sure that the will is executed in a way that would make it more difficult for the will to be contested. For one, the attorney will make sure that the witnesses are proper by making sure that they do not have an interest in the will and are reliable. The attorney will also make sure that the will is executed properly so that it cannot be overturned on a technical issue of some sort. Finally, if there is the possibility that a will can be contested for reasons of you possibly not being competent or that you are being unduly influenced, an attorney could also make sure that steps are taken to document this isn’t the case.

Finally, a Long Island estate attorney can help you plan your estate in such a way where your wishes will be made the clearest and done in the most efficient way. For example, if trusts need to be set up or plans need to be made when it comes to giving gifts to non-profits, taking estate taxes into account or making certain that specific items are given to specific people, your Long Island estate attorney can all make sure that your estate is planned in a way where you can be rest assured that everything is done correctly. If you are looking to make a will in Long Island, call the Law Offices of Albert Gurevich at (516) 777-0647.

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How Can I Use a Supplemental Needs Trust To Get Medicaid on Long Island?

December 5, 2014

Allowing for Payments for Expenses While on Government Assistance When dealing with a seriously disabled person how you handle that person’s finances can be essential when it comes to dealing with government benefits. Too many assets, and a person can either be denied benefits in the first place or end up having them taken away. […]

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How to Win a Will Contest in Long Island

November 17, 2014

What to do When Something is Wrong With the Will Losing a loved one can be emotionally devastating no matter who you are. Unfortunately, many times the sadness that comes with having a loved one die quickly turns to anger, when it is discovered that something is wrong with the will. No one wants to […]

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What Happens if Property Held Jointly is Still in the Deceased Spouse’s Name?

November 10, 2014

What to Do With Your Deed When Your Spouse Dies Most couples have at least some jointly owned property. Usually it is the family home that is held in the names of both of the spouses with a provision that the entire property goes to the surviving spouse once one dies. Unlike many types of […]

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Does a Will Need Witnesses?

November 7, 2014

Make Sure Your Will is Executed Properly A lot of people assume that their will could be overturned based on something like fraud or being threatened by someone to change it. What they may not know, however, is that failing to follow the proper procedures when signing the will, also known as executing the will, […]

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What Do I Do After Someone Dies on Long Island – Introduction

October 29, 2014

Handling the First Days After Losing a Loved One Nearly everyone is confused about what they should do when a loved one has died. In some cases you may be in shock and be grieving, but it is wise to make sure that everything gets done correctly know to make things easier down the road, […]

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Types of Custodial Accounts and How They Work on Long Island

October 6, 2014

There are situations when someone wants to transfer money or other property to a child and for whatever reason, usually to avoid costs, does not want to set up a formal trust. Transferring money directly to a minor may be difficult for many reasons, including that many financial institutions will not open an account for […]

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Is the Trustee Required to Provide a Copy of the Trust or Financial Records

September 29, 2014

Knowing Your Rights as a Long Island Trust Beneficiary While the majority of trusts on Long Island are handled without any issues between the beneficiary and the trustee, there are times where tensions may arise. A big source of tension can be caused by a lack of information being exchanged between the trustee and the […]

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Is Ingratiating Oneself with an Elderly Person Undue Influence?

September 17, 2014

When is Friendliness with an Elderly Person Crossing the Line One of the more common themes that people argue when they are contesting a will is that someone who has suddenly become a major beneficiary in the will somehow used undue influence to shut out those who were the beneficiaries in a prior will or […]

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Defending a Will Contest on Long Island

September 14, 2014

Strategies for the Executor When Someone Objects There are numerous reasons why a party may want to object to either part or all of a will in Long Island, New York. In some cases, a will objection may just be the result of family dynamics that lead to infighting when the testator dies. In other cases, […]

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