Wills

The Importance of Writing a Will

Every person should have a will. You may not be a Rockefeller, but you’ve worked hard to acquire your assets, and you should have the final say about how they are distributed. Your will is also your opportunity to communicate for the last time with your loved ones, making a lasting statement of your affection. The Cormac McEnery Law Firm works with a range of clients who each have their own unique goals and concerns. Some high-net-worth clients are concerned with bequests to families and philanthropic donations, while clients with more modest holdings tend to focus on directing personal items of special significance toward the appropriate relative. Whatever your concerns, Mr. McEnery listens intently and drafts a will to implement your intentions.
Will Lawyer — Customer Service Good Cooperation Talking About Will in City Island, NY

What is required for a will to be valid in New York? 

To execute a valid will, it must be:
  • Written — Oral wills are not valid. Although electronically stored information (ESI) is the wave of the future, New York still insists on hard copies.
  • Signed — The person who made the will (called a "testator") must sign at the bottom.
  • Witnessed — A disinterested person must witness the signing and sign the document after the testator. Courts have ruled that to qualify as a witness, the disinterested party must understand the significance of what is happening and have an uninterrupted line of sight to the signing.
These minimal requirements create a presumption that the will is valid. However, a disgruntled beneficiary may still search for a basis to challenge it. Our firm drafts wills meticulously to stand up to court scrutiny. 
But even a perfectly executed will might not be sufficient to address your estate planning needs. We help our clients understand and avoid any potential pitfalls of will planning.

What happens if a New Yorker dies without a will?

When someone dies without a will, the estate is settled in probate court according to New York’s intestate succession laws. The property flows to the decedent’s close relatives as follows:
  • Spouse, but no living offspring — Spouse inherits everything.
  • Spouse and living offspring — Spouse inherits the first $50,000 of intestate property and one-half of the balance. Children divide half of the balance equally.
  • Living offspring, but no spouse — Children divide everything equally.
  • Parents, but no spouse or offspring — Parents inherit everything.
  • Siblings, but no spouse, offspring or parents — Siblings divide everything equally. 
It’s important to understand that not all assets are intestate property. Items held jointly, such as real estate or checking accounts, pass to the joint owner without any court action. To understand how succession might operate in your case, it’s important to speak to an attorney. A knowledgeable lawyer can explain how estate planning allows you to determine who shares in your legacy.

Contact An Experienced Will Planning Attorney Today

Every person should have an estate plan crafted to their individual needs. At the Cormac McEnery Law Firm, we provide high-quality, highly-personal legal services for clients of all ages, with particular care for seniors who may need urgent attention. To schedule a free consultation at one of our convenient offices, call 718-885-1234.

Experienced Counsel

Mr. McEnery has practiced law for more than 35 years. A noted authority on elder law and estate planning, he teaches Continuing Legal Education (CLE) courses for practicing attorneys. 

Personalized Service

While our firm is amiable and relaxed when interacting with clients, we maintain a high level of professionalism. Phone calls and emails are returned promptly, and clients are copied on all correspondence and kept fully informed throughout the legal process.

Ethical Representation

The responsibility of representing clients, especially when they are elderly or in declining health is something Mr. McEnery takes very seriously. Our firm maintains the highest ethical standards while working earnestly for our clients' best interests.

Knowledgeable and 
Helpful Support Staff

The importance of experienced and dedicated paralegals cannot be overstated. Our practice benefits from friendly, highly professional paralegals who have been with the firm for decades and are heavily invested in our clients and their families.
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