Long Island Elder Law & Estate Planning

Who Is Competent to Create a Will?A last will is not something that is only passed around among certain family members. When you use a last will to state your wishes regarding the distribution of your personally held property, the executor that you name in the will must admit the will to probate. During this process, there is a proving of the will. The court examines the will to make sure that it is legally valid.

Competency Requirements

Any adult who is of sound mind is technically qualified to create a last will. The person creating the will is called the testator in legal jargon. In order for the will to be valid, there can be no coercion or intimidation of the testator. A will could also be deemed invalid if there was fraud perpetrated during the signing.

Witnesses

In the state of New York, in order for a will to be valid, the testator must sign the document in the presence of two witnesses. The witnesses must be mentally competent adults, and they must also sign the last will.

The will could be valid even if it was never notarized, but this would slow down the probate process. The court would be required to track down the witnesses to make sure that they did in fact sign the will under legally acceptable circumstances. This process can be time-consuming, but it can be prevented.

It is possible to create a self proving will. The testator and the two witnesses could go to a notary to execute a self proving affidavit. This could be included along with the last will, and under these circumstances, the court would not be required to contact the witnesses directly.

Obtain More Detailed Information

People often make assumptions when it comes to estate planning, and in many cases, their family members pay the price later on. You should educate yourself and make informed decisions, because passing along everything that you have earned throughout your life to those that you love is a very profound endeavor.

We have put together a rather extensive library of special reports, and all of them are available to our readers through this website free of charge. One of the reports is dedicated to the subject of last wills. This report will provide you with a great deal of information, and you may be surprised when you learn all the facts.

To obtain your copy of the report, visit this page: Free Report on Last Wills.

Schedule a Free Consultation

A last will can be a good choice for many people, but other options exist. If you would like to discuss your estate planning objectives with a licensed professional, our firm can help. We offer free consultations, and you can send us a message through our contact page to set up appointment: Long Island NY Estate Planning Attorneys.

 

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About Mark S. Eghrari, Estate Planning Attorney

Mark S. Eghrari is an attorney in private practice in Smithtown, New York. He has been in practice since 1988. Mark S. Eghrari provides extensive estate and tax planning services to individuals and businesses. Mr. Eghrari’s primary focus is helping clients avoid probate, minimize or eliminate Federal and State Estate taxes and protect their assets from the high cost of nursing care, if they become ill.