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Making a will for a parent is not just a paperwork task. Under New York law, a parent’s will must meet strict legal rules to be valid and enforceable. Mistakes can cause delays and court fights. They can even cause a will to fail. When a parent wants to create or update a will, they need an attorney to make sure the document holds up in court.
A will controls who inherits property, who manages the estate, and how debts and taxes are paid. In New York, we have statutes and court rules. These rules affect how we write the will and how we set it up. Online forms can fail because they do not account for New York-specific rules. When a parent’s assets or family situation are even slightly complex, legal guidance becomes essential.
If your parent is excluding someone from their will, it is possible that person may try to challenge the will in the future. When people challenge a will, they allege undue influence and lack of capacity. If a parent is elderly, ill, or taking medication, heirs may later claim the parent did not understand what they were signing. You need an attorney to document capacity properly and supervise the signing process. This legal protection can prevent expensive litigation in Surrogate’s Court later.
Some parents have prior wills. A new will overwrites all prior wills. But if someone benefitted from the prior will and they are getting less from the new will, that person can try to contest the will. A lawyer can minimize a chance of a will contest.
Blended families create unique legal risks. Children from prior marriages, current spouses, and step-children may all expect they are getting something. New York law also protects certain spousal rights regardless of what the will says. You need an attorney to structure the will so it reflects your parent’s wishes while complying with mandatory inheritance rules.
Even modest estates can face tax and legal issues. New York has its own estate tax rules, and federal tax law may also apply. In addition, tax rules change from year to year.
Even if a spouse is left out of a will, she can still claim one-third of the estate. If someone truly wishes to disinherit their spouse, they will need a post-nuptial agreement.
Choosing an executor is not just a personal decision. Executors have legal duties. They are personally liable for mistakes. Some people don't qualify under New York law. A lawyer helps evaluate who can serve and how to structure executor powers properly.
New York has strict rules for signing and witnessing wills. Errors in execution can invalidate the entire document. You need an attorney to supervise the signing ceremony so the will complies with all legal formalities. This helps a will get accepted by the court.
Probate disputes are expensive and emotionally draining. A properly drafted will reduces ambiguity and limits grounds for objections. An experienced New York City estate attorney anticipates problems before they arise and drafts the will to withstand court scrutiny.
If you are helping a parent create or update a will, we at the Law Offices of Albert Goodwin are here. We assist families throughout New York City with legally sound estate planning.
Careful legal drafting can prevent disputes and protect your parent’s wishes.Call us for a consultation. You can contact us by phone at 212-233-1233 or by email at albertgoodwin@albertgoodwin.com.