Dutchess County Wills Lawyer

Helping Clients Draft Wills in Hudson Valley 

A will is a legal document that instructs loved ones on how you would like your property handled after you pass away. Not only can it simplify the probate process, but it can also ensure specific assets go to designated people.

Every adult should have a living will. It’s not something that you should wait to take care of until you’ve reached a certain age. Young adults should have a will and continue to update it throughout their lives. You should also not wait to get a will because you don’t feel you have the wealth or assets to justify it. Wills are not only for the wealthy; everyone can benefit from creating a will. At Letterio & Haug, LLP, our skilled estate planning attorneys can help you create a legally sound last will and testament.

Ready to Create Your Will? Contact our experienced Dutchess County wills attorneys at (845) 203-0997 today for personalized legal guidance.

What are the Advantages of Having a Will?

If you pass on without first creating a will, the state could end up with complete control over your estate. If this happens, your beneficiaries will be forced to go through the probate court to secure estate property. However, the creation of a will allows you to retain complete control over your assets, even in death.

Some other key benefits of a will are the ability to:

• Appoint an executor: An executor is someone who has complete control over the collection and distribution of estate property. A person in this role should be responsible and trustworthy.
• Appoint a guardian for minor children: If you have any minor children, you can choose who you would like to raise them if you and your spouse both pass away.
• Create funeral directives: You can plan your funeral down to the last detail. Not only does this ensure your body is honored according to your preferences, but it can also reduce stress for your loved ones.

What Should Be Included in Your Will?

You can put whatever you believe is relevant in your will; there are no exact guidelines. However, most people generally include:

1. An executor: As stated above, you should appoint an executor of your will when you write this legal document.
2. Beneficiaries: To avoid a legal struggle, you should list the beneficiaries of your estate as well as the specific property you would like them to receive.
3. Alternate beneficiaries: Most people assume the beneficiaries they name will survive to acquire the property meant for them. However, life is unpredictable, and if those beneficiaries don’t survive there should be alternates in place to collect the assets.
4. A person to collect any remaining property: Also known as ‘residuary estate,’ remaining property consists of all unassigned property or property you would like to bequeath to charities or other organizations.
5. Directions on dividing business and personal assets: You should provide clear instructions on how you would like all your assets to be divided and dispersed.
6. Specifications on how debts and taxes should be paid: Usually, a person will settle debts and plan for final expenses (funeral and probate bills) before they pass on to ease the burden of their beneficiaries.

How Our Wills Attorneys Can Help You

By providing personalized legal advice, an experienced wills attorney guides you in making informed decisions regarding the distribution of your assets, guardianship of minor children, payment of outstanding debts and taxes, and other critical aspects of your will.

Services provided by a wills attorney typically include, but are not limited to:

1. Drafting Wills: Attorneys assist in creating a well-detailed will that clearly states your wishes regarding asset distribution and minimizes potential conflicts among beneficiaries.
2. Updating Wills: Life changes such as marriage, divorce, birth of a child, or acquisition of new assets may necessitate updates to your will. Lawyers ensure your will is current and reflects any significant changes in your life.
3. Probate Representation: In the event of a dispute, lawyers represent your interests in probate court and guide your executor through the legal process.
4. Healthcare Directives: They can also assist in crafting living wills or advance healthcare directives, ensuring your wishes are respected regarding medical treatment if you're unable to communicate your decisions.
5. Guardianship Designations: Attorneys aid in designating a legal guardian for your minor children, ensuring their care and upbringing aligns with your wishes.

Contact Our Will Attorneys in Dutchess County Today

No one wants to think about the end of their life. However, putting your affairs in order before you pass away can ensure that the loved ones you leave behind aren’t stuck dealing with it after you’re gone. Losing you will be hard enough on its own. Attempting to figure out your wishes regarding the distribution of your property, debts, funeral arrangements, child custody, and other issues could be too much for them to handle.

At Letterio & Haug, LLP, our estate planning attorneys can help you create a legally sound will. Our legal team has more than 20 years of combined experience. As our clients’ testimonials prove, we have a long track record of helping people with issues involving estate planning, advance directives, and wills. Our experienced wills lawyers can work with you to create a complete inventory of your assets and offer guidance on how you would like your will executed, including how you want your property distributed, debts settled, and other issues handled.

Frequently Asked Questions (FAQ) About Wills

• Do I need a lawyer to write a will?
  While it’s possible to create a will without an attorney, working with an experienced wills lawyer ensures that the document is legally valid, clear, and properly executed. A lawyer can also help you navigate complex situations, such as the creation of trusts or guardianship for minor children.
• Can I change my will after it's been created?
  Yes, you can update or amend your will at any time, as long as you are of sound mind. It's important to regularly review your will to ensure it reflects any life changes, such as marriage, divorce, the birth of children, or acquiring new assets.
• What happens if I die without a will?
  If you pass away without a will (intestate), the state will determine how your assets are distributed. This can lead to delays and possibly decisions that don’t align with your wishes. It’s always better to have a legally drafted will in place.
• Can I make changes to my will verbally?
  Verbal changes to a will are not valid under New York law. Any changes must be made in writing and properly signed, witnessed, and executed according to legal requirements.
• What should I do if I want to leave specific items to people?
  To ensure your wishes are followed, you can include specific bequests in your will, such as naming beneficiaries for particular items, like family heirlooms, jewelry, or real estate. Be clear and precise in your descriptions to avoid confusion.
• How can I ensure my will is legally valid?
  To ensure that your will is legally valid, it must be signed in the presence of at least two witnesses who are not beneficiaries of the will. The witnesses must also sign the will. Additionally, if your estate is complex, consider having it reviewed by an attorney.
• Can I include a digital asset plan in my will?
  Yes, you can include provisions in your will for the distribution of digital assets, such as online accounts, social media profiles, and cryptocurrencies. Be sure to provide clear instructions and account details, as access to these assets can be more difficult after death.

Don’t Wait—Protect Your Loved Ones Now! Contact us at (845) 203-0997 to schedule a consultation with our skilled estate planning lawyers.