Dutchess County Wills Lawyer

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:

• An executor: As stated above, you should appoint an executor of your will when you write this legal document.
• 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.
• 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.
• 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.
• 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.
• 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.

Types of Wills

There are several types of wills, each serving different purposes based on your needs:

• Simple Wills: These are straightforward documents for individuals with basic asset distribution needs. If your estate is uncomplicated, a simple will can effectively distribute your property to loved ones.
• Testamentary Trust Wills: These wills create trusts within the document itself. They are ideal for individuals who wish to manage their assets for beneficiaries, especially minor children or individuals with special needs, by setting up a trust to oversee asset distribution.
• Living Wills: A living will is different from a last will and testament. It outlines your wishes regarding medical treatment and end-of-life care if you become incapacitated and cannot communicate your preferences. Living wills are important for ensuring your healthcare decisions are honored.
• Holographic Wills: These are handwritten wills. In some cases, they are valid in New York, but they must meet strict legal requirements, such as being signed and written entirely by the testator. Holographic wills can be tricky and might be contested if not executed correctly.

Common Mistakes to Avoid When Drafting a Will

When creating a will, it's crucial to avoid common mistakes that can lead to confusion or legal disputes. Here are a few to keep in mind:

• Failing to Update Your Will: Major life events like marriage, divorce, or the birth of children should prompt you to review and update your will. Otherwise, your wishes may no longer reflect your current situation.
• Not Properly Witnessing or Signing the Will: A will must be signed and witnessed correctly to be valid. Incomplete or improper signing can lead to the will being contested in court.
• Leaving Unclear or Vague Instructions: Be specific when naming beneficiaries and describing the assets you want to distribute. Ambiguous language can create confusion and legal challenges.
• Failing to Account for All Assets: If you don't list all of your assets in your will, they might not be distributed according to your wishes, leading to potential legal disputes.

The Probate Process in New York

After someone passes away, the probate process ensures that their will is executed according to their wishes. Here's what to expect:

• Steps in Probate: The will is submitted to the court, and an executor is appointed to manage the estate. The executor is responsible for paying debts, distributing assets, and handling the overall process.
• How a Will Affects Probate: A valid will simplifies the probate process, as it clearly outlines how assets should be distributed. However, if the will is contested, the process may become more complicated.
• Challenges in Probate: Disputes can arise if family members or beneficiaries challenge the will, or if the will is deemed invalid due to errors or ambiguities.

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:

• Drafting Wills: Attorneys assist in creating a well-detailed will that clearly states your wishes regarding asset distribution and minimizes potential conflicts among beneficiaries. 
• 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.
• Probate Representation: In the event of a dispute, lawyers represent your interests in probate court and guide your executor through the legal process.
• 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.
• Guardianship Designations: Attorneys aid in designating a legal guardian for your minor children, ensuring their care and upbringing aligns with your wishes.