What Not To Include in a Will in the State of New York

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Contrary to popular belief, you can’t just put anything in a will. Certain things are not yours to dictate. If you require assistance with estate planning, please read on, then contact an experienced Putnam County wills attorney to learn what not to include in a will in the state of New York.

What should you not include in a New York will?

The list of things not to include in a last will and testament is long and varied, but some of the most frequently brought up include the following:

  • Business interests
  • Personal wishes and desires
  • Coverage for a beneficiary with special needs
  • Property in a living trust
  • Retirement plan proceeds, including money from a pension, IRA or 401k
  • Stocks and bonds held in beneficiary
  • Proceeds from a payable-on-death bank account
  • Anything you do not want going through probate, such as personal property or household items

Why should you make a will in New York?

Simply put, a will can help protect your family and your property. You can use a will to do the following:

  • Leave your property to people or organizations
  • Name a personal guardian to care for your minor children
  • Name a trusted person to manage the property you leave to minor children
  • Designate an executor, i.e. the person who makes sure that the terms of your will are carried out

Also, if you die intestate, i.e. without a will, your property will go to your closest relatives, beginning with your spouse and children, then a series of increasingly distant relations. For your own personal reasons, you may not want that to happen. If that is so, then you should reach out to a skilled Putnam County estate planning attorney in order to discuss your next steps.

How can a Putnam County estate planning attorney help you?

While the Empire State does not require you to engage the services of a legal professional in order to create a will, you would be well advised to do so. For instance, if you think that your will might be contested or if you wish to disinherit your spouse, you should talk with an attorney. Our firm can help you create a will that will withstand or prevent any challenges to its legitimacy. By fully apprising you of your rights and responsibilities, we will help you draft a will that meets your needs and those of your chosen heirs. This process can be time-consuming and complicated, so you can’t afford to go it alone. Please give us a call today.

Contact our Firm

If you or a loved one needs assistance creating an estate plan and wishes to speak with an experienced attorney, contact the Law Office of Andres D. Gil, PLLC today.

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