Wills Attorneys in New Rochelle, New York

Estate planning is an undeniably crucial aspect that is often neglected. It not only facilitates the allocation of your assets, but also allows you to designate who will make decisions for you in case of incapacitation. Without a proper estate plan, the distribution of your estate after your demise will be dictated by New York State law. 

At Gugliotta & Ponzini, P.C., we leverage our years of experience in estate planning to help you prepare for anything. If you need support in or around New Rochelle, New York, contact our firm today to get started on creating your will. 

Overview of Wills

A will, in essence, is a legal document that embodies your wishes regarding how your assets and properties should be distributed after your death. It acts as your voice and ensures that your desires are executed as intended. 

A will is a legal instrument that allows a person, referred to as the Testator, to make decisions on how their estate will be managed and distributed after his death. It can include a variety of instructions, from who will inherit property to who will act as a guardian for the Testator's minor children. 

Types of Wills

Wills can be categorized into various types, each serving a unique function: 

• Simple Wills: Basic wills that primarily deal with straightforward asset distribution and appointment of an executor. 

• Testamentary Trust Wills: These include provisions for creating trusts upon the Testator's death to manage assets for beneficiaries. 

• Living Wills: Unlike other wills, living wills do not deal with asset distribution. Instead, they set forth your wishes for medical treatment should you become unable to communicate those decisions yourself.  

Understanding the types of wills and their specific functions is integral to the estate planning process. Whether you're considering a simple will for straightforward asset distribution, a testamentary trust will for managing assets for your beneficiaries, or a living will to assert your medical preferences, it's crucial to choose the type that best aligns with your unique circumstances and needs. 

Components of a Will

A comprehensive, legally sound will typically covers the following: 

• Identification of the Testator: This is the individual who is creating the will. Their full legal name and address are usually provided to avoid any confusion or misidentification. 

• Testator's Legal Statement: This is a formal statement confirming that the Testator is of legal age to make a will, and is making the will freely, without any undue influence or coercion. It also asserts that the Testator is of sound mind at the time of making the will. 

• Appointment of an Executor: The will should clearly name an individual or institution that will be responsible for carrying out the terms of the will. This person or institution is known as the executor. 

• Instructions for Asset Distribution: The will should contain detailed instructions on how the Testator's assets and properties are to be distributed among the beneficiaries. All assets should be clearly identified, and all beneficiaries should be accurately named. 

• Guardianship Provisions: If the Testator has minor children, the will should have provisions regarding who should take care of them in the Testator's absence. The appointed guardian should be clearly named. 

• Signatures: The last part of a will is the Testator's signature and the date, affirming that all the information provided in the document is accurate. The will should also bear the signatures of witnesses, affirming that they have seen the Testator sign the will. 

Making sure that these components are accurately and comprehensively included in your will forms the foundation of a reliable and legally sound estate plan. 

Commonly Inherited Assets

Commonly inherited assets that can be specified in your will include, but are not limited to: 

• Real estate properties 

• Bank accounts and cash 

• Stocks, bonds, and other investments 

• Personal property like cars, jewelry, artwork, and furniture 

• Business interests 

Remember, drafting a will is a significant aspect of estate planning. It's always recommended to consult with a seasoned estate attorney to ensure that your will is legally sound and covers all necessary elements. 

The Probate Process: What Happens After Passing

When a loved one passes away with a will in New York State, that will must go through the probate process. Probate is the legal procedure of establishing the validity of a will. A petition is filed in Surrogates Court, and the court supervises the actions of the executor or executrix of the estate. This process can be complex and confusing, requiring the guidance of experienced attorneys like us. 

We've successfully handled all areas of probate litigation, including disputes over which will to probate or whether a will was properly executed. We understand that losing a loved one is a challenging time, and we're here to provide support throughout the probate process. Our primary goal is to protect our clients' rights and ensure that the estate administration proceeds smoothly.