Your Last Will and Testament is going to be kept a private legal document throughout the rest of your lifetime. However, you must understand that it will eventually make it to the public record upon your unfortunate passing. This may lead to some repercussions for your surviving loved ones. Nonetheless, this is something you and your loved ones alike should anticipate. Without further ado, please follow along to find out why your will is set to become a public record and how a proficient Putnam County wills attorney at the Law Office of Andres D. Gil, PLLC can help you wrap your head around this concept.

Why does my will become a public record?

The most essential part of your Last Will and Testament is to ensure that your designated beneficiaries inherit the assets you have left behind for them. And the only way that this is made possible is if your will document is filed with the New York State Surrogate’s Court and subsequently undergoes the probate process. In the end, this mandatory court submission is what eventually makes this legal document a public record.

Why would someone want to access my will?

In order for someone to legally gain access to your will document, they will have to visit a local surrogate’s court and request to see it or hire a professional retriever to conduct an online search on their behalf (i.e., via WebSurrogate, FamilySearch, etc). With this, you may resign to the fact that your will being made a public record as inconsequential; after all, why would someone jump through all these hurdles to get this information? Well, there may be, in fact, several reasons as to why they want to do just that. These reasons read as follows:

  • Your surviving loved ones excluded from your will document may want to confirm its legitimacy and possibly contest it.
  • Your surviving loved ones included as beneficiaries may want to confirm they received the entirety of their promised inheritances.
  • Your surviving loved ones may be curious about your family history and want to draw connections through your named executor and beneficiaries.
  • Your surviving loved ones’ creditors may get wind that they are due to receive inheritances and attempt to collect unpaid debts and liabilities in this way.

So, for the sake of your surviving loved ones’ safety and privacy, you must think twice before following through with your will document. If safety and privacy are of critical priority, you may sooner establish a revocable or irrevocable living trust. In conclusion, before entering the legal arena, you must retain the services of a talented Putnam County estate planning attorney. Reach out to the Law Office of Andres D. Gil, PLLC today.