A will is essential at every stage of your life, providing you with the opportunity to direct the distribution of your property establish care for your children and otherwise express your wishes for what will happen upon your death.
If you die without a valid will, New York State law determines how your property is distributed, and the Court decides who cares for your children and even what happens to your beloved pet, with no input from you.
Muehe Firm, PLLC can draft a valid will that accurately conveys your intentions so that your final wishes will be honored.
What constitutes a valid will? Wills are not difficult to execute, but simple mistakes can render them invalid in whole or in part. Essential elements of a valid will include:
Intent – The testator must intend that the document created be a last will and testament at the time it is created. Therefore, the testator must have capacity, meaning sound mind and comprehension, and the testator must create the will voluntarily, without coercion, compulsion or undue influence.
Proper execution – A traditional will is written, signed by the testator and two witnesses. A witness must be a disinterested party who does not stand to gain by the execution of the will.
Clear language – A statement within a will which is confusing or open to various interpretations can invalidate all or part of the will.
An error in the execution of your will can cause confusion in the court, can invalidate provisions in the will and can cause rancor among your heirs. To make sure that your wishes can be carried out, let Muehe Firm, PLLC draft a valid will for you.
As your life unfolds, your circumstances change and your concerns may shift. To remain current, you should review your will and other estate planning documents every three to five years. And update those documents when necessary.