Buffalo Will Lawyers

It’s late, and maybe you’ve just sat down after another long day. You think about the house, your kids, maybe that old family heirloom tucked away somewhere in the attic, and for a fleeting second, you wonder: if something happened to you tomorrow, what would actually happen to all of it? Who would handle things? Who would make sure your wishes were carried out, just as you intended? That’s where the Buffalo will lawyers at Raimondo & Sundquist LLP come in. Contact our estate planning lawyers so we can help you get the peace of mind you deserve.

What is a Will?

A will, formally known as a “Last Will and Testament,” is one of the most important legal documents a person can ever create. It’s your written statement of intent, meaning it’s a way of making sure that the people you love and the causes you care about are looked after once you’re no longer here to do it yourself. In legal terms, it’s a document that tells the world how you want your property, assets, and belongings distributed after your death.

Under New York’s Estates, Powers and Trusts Law (EPTL), a valid will allows you to appoint an executor, who is the person you’ll trust to manage your estate, handle debts, and distribute property according to your instructions. You can also name guardians for minor children, outline how personal possessions are to be divided, and even include directions about charitable gifts or the care of pets.

Importantly, without a will, your estate passes under the state’s intestacy laws, which follow a fixed order of inheritance that might have little to do with your actual wishes. That’s why you need to create a proper, legally valid will.

Legal Requirements for a Valid Will in New York State

A will isn’t something you can just scribble down and sign; it must meet specific legal requirements, or it risks being declared invalid. To ensure your will holds up, it must meet the following criteria:

• Written Form: The will must be in writing. Oral wills are only accepted in rare cases, usually involving active military service or certain maritime situations.
• Legal Age and Sound Mind: The person creating the will, called the testator, must be at least 18 years old and mentally capable of understanding what the document means, what property they own, and who they want to leave it to.
• Proper Signature: The testator must sign the will at the end of the document. If they can’t sign due to a disability, someone else may do it at their direction and in their presence.
• Two Witnesses: At least two people must witness the testator signing or acknowledging the will, and they must also sign within 30 days of each other.
• Declaration: The testator must clearly tell the witnesses that the document they’re signing is their will.
• No Pressure or Fraud: The will must be made freely, without undue influence, coercion, or deceit.

Types of Wills Recognized in New York

Depending on your situation, certain types of wills may be more appropriate than others. That said, some of the main types of wills recognized under New York law are as follows:

• Simple Will: This is the most common form. It is a straightforward document that lists who inherits what and who serves as executor.
• Testamentary Trust Will: This is a will that creates a trust after your death, often to provide for children, dependents, or loved ones who may not be ready to manage money on their own.
• Pour-Over-Will: This type of will works in tandem with a living trust by automatically transferring any remaining assets into the trust at death, ensuring consistency across your estate plan.

The Process of Creating a Will in New York

Creating a will isn’t something you do overnight. It’s a process. However, with the right lawyers on your side, it doesn’t have to be overly complicated. Though every case is different, a general overview of the will-writing process is as follows:

1. Your Initial Meeting: We start by listening. We talk about your goals, your family, and the things that matter most to you.
2. Gathering Information: Together, we take inventory of your property, such as your home, savings, investments, personal items, and anything else of value.
3. Naming Beneficiaries: You’ll decide who inherits what, whether that’s family friends, or charitable organizations.
4. Choosing an Executor: You’ll select a responsible person or professional to handle your affairs when the time comes.
5. Drafting the Will: We prepare the document carefully, making sure it complies with NYS legal standards.
6. Reviewing and Adjusting: You’ll review the draft to ensure every detail reflects your true wishes.
7. Signing Witnessing: Once you’re ready, the will is executed in front of two witnesses, ensuring full compliance.
8. Safekeeping: Finally, we discuss where to store the original copy and how your executor can access it when needed.

Updating Your Will

Life changes, and so should your will. You get married. You have a child. You buy a new home. Someone passes away. These are the moments when your will needs attention. A document written ten years ago may not reflect your current life, and that can cause serious issues later on.

In New York, you can update your will by creating a codicil (a formal amendment) or drafting an entirely new will that revokes the old one. Either way, the update must meet the same legal requirements.

In general, it’s a good idea to review your will every few years or after any major life event. Doing so ensures your wishes are always clear, current, and legally enforceable.

Contact Our Buffalo, New York Will Lawyers Today

If you live in Buffalo, Jamestown, or anywhere in Western New York and are ready to take control of your estate planning, please don’t hesitate to contact the seasoned Erie County will lawyers here at Raimondo & Sundquist, LLP today. We’re here to guide you through every step of the process ahead.