When you pass away, you will want to ensure that your assets, property and special possessions go to the right people or organizations. Setting up a will now can save your children a lot of work and headache. In New York, the statutes require mostly the same things that other states require.
FindLaw states that the testator, or person making the will, has to be at least 18 years of age because New York doesn’t believe that a person under that age can legally make decisions about such matters.
You must be of a sound mind. This doesn’t mean you have to be clear headed and totally lucid. It simply means that you know the purpose of the will and what property you own. If you can converse fairly easily about it, you will not have any trouble. Even if you have a mental disability, you can still make a will if you meet the two requirements. If there is a question regarding this, you may want to contact an attorney who can help you with this situation.
You may have an oral will but the requirement for this is fairly strict. You must be a member of the armed forces actively, there must be a war or armed conflict and you cannot reasonably make a written will.
Another requirement of a will in New York is that you must have two witnesses to your signature within 30 days of you signing the will, and they must list their addresses.
While you can write a will by yourself, if you want to be sure that all your bases are covered and that you are going to be able to pass on those assets and property that are important to you, you may want to contact the attorneys at Weinstein & Randisi.
