If you would like to make a will and you are dealing with a small amount of money, you can print out a New York will form from the internet, fill it out and sign it in front of two witnesses. But where a significant estate is involved, it is important to have an experienced New York wills lawyer draft your documents and conduct the will execution ceremony.
Here are the benefits of a lawyer-drafted will:
When probating a will in New York, a qualified wills lawyer is going to make sure that the probate takes the least amount of time, all the laws are followed, and you distribute the estate as fast as possible and without personal liability from the other beneficiaries of the will or from the creditors of the estate. This includes having the beneficiaries sign and appropriately execute releases of liability to the executor of the estate or providing an accounting and having it approved by the court in the even the beneficiaries do not cooperate. Probating a will in New York is an a complicated process which should be done with the help of a will attorney.
When contesting a will in New York, it is important that you work with a wills lawyer who has experience contesting wills. An experienced lawyer will not only know the law and the procedure, but will also be familiar with the way things are done in the court of the county you are in, and will be an experienced negotiator, doing their best to get you a fair share of the estate without going to trial. If a trial is needed, the will lawyer should be familiar with New York Civil Process Law and Rules and experienced in conducting trials in the Surrogate’s Court.
When defending a will contest in New York, the attorney who has originally drafted the will will not be able to represent you in the will contest, as they are a witness in the proceeding. You will need an attorney who has experience and a track record of successfully defending will contests, either settling for a reasonable amount, waiting for the will contestant to run out of steam, or taking the case to trial. Once again, if a trial is needed, the will lawyer should be familiar with New York Civil Process Law and Rules and experienced in conducting trials in the Surrogate’s Court.
In any situation where a New York will is involved and a significant amount of money is present in an estate, an experienced New York wills lawyer will mean that your rights are fully protected and you will get the best possible outcome allowed by the law and the facts of your case.
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Albert Goodwin, Esq. is a New York estate, guardianship, wills, trust, medicaid and probate lawyer. He has a wealth of experience drafting wills, probating wills, prosecuting and defending will contests. He can be reached at (212) 233-1233 or 212-233-1233.