Weinstein & Randisi
Phone:585-310-1578
Toll free:800-768-1780

Resize the Content Text

When does a New York resident have a right to property in a will?

In many estate planning scenarios, a person creates a will that designates certain pieces of property to go to one person or another. Then, during the course of their lifetime, the person disposes of the property. For example, they might sell it or even give it away during their lifetime to someone other than the heir listed in the will, without actually making any changes to the terms of the will itself. When that happens, the heir to the property listed in the will may wonder if they have any right to that property after their loved one passes away.

Our readers may be surprised to hear that a will does not become legally enforceable until the creator of the will has died. During the creator's lifetime, that individual can decide what to do with property, regardless of what is contained in a will. While having a will is very important, it is also important to understand that until the creator of the will dies, its contents are an expectation, not a right.

Also, it is important to understand that a person cannot give away, through a will, what that person no longer possesses. That means that if the creator of the will sells a piece of property or gives it away while alive, then that piece of property cannot be inherited, as the creator of the will no longer owns it, and therefore cannot give it away through a will or otherwise.

For these reasons, in order to avoid disappointment and the possibility of a will contest after one's death, it is important to keep your will updated, along with other estate planning documents. If you sell or give property away during your lifetime, ensure that your will reflects that. Doing so can avoid causing your loved ones even more heartache than they may endure once you pass on.

Source: nwi.com, "Estate Planning: An expectation vs. a right," Christopher Yugo, Feb. 5, 2017

No Comments

Leave a comment
Comment Information
  • I wanted to write to say how pleased my wife and I were at your professional handling of our estate planning and preparation of new wills. We were put at ease by your visit to our home for an interview and were pleased that you listened to us and captured the things that we felt were important.

    --Robert and Christine Simonson, Fairport
  • In order to finalize the documents we came to your office and were greeted in a very professional manner and we could not have asked for finer service. We left with copies of everything we needed and feel very confident our needs have been met. Thanks again. We will surely recommend you should the opportunity arise.

    — Christine and Robert Simonson, Fairport
  • I have been working with Weinstein & Randisi for about two years now. Elizabeth Randisi, through a very thorough process, has helped my wife and me determine what is really important in our lives. Thus, we were able to draft a living will that reflected our most important values regarding our estate.

    --David and Ajia Cherry, Fairport
  • I would like to give a testimony for Elizabeth Randisi, an estate attorney with Weinstein & Randisi. Her knowledge of wills and estate planning was clearly demonstrated in her presentation to us. Realizing our need for a will, my husband and I went to see Elizabeth.

    --Kathy and Gary Gray, Webster
  • Filing for Medicaid is never an easy or fun process. However, working with the Weinstein & Randisi firm made the process simple and streamlined. We were able to obtain all files and records regarding Medicaid enrollment within a few days using specially prepared checklists and verbiage recommended by our assigned paralegal.

    --Ajia and David Cherry, Fairport
Awarded Top 50 Estate Planning Blog
Email Us For a Response

How Can We Help You?

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Blog Feed

Blog

Weinstein & Randisi - estate planning

290 Linden Oaks, Ste. 200
Rochester, NY 14625

Toll Free: 800-768-1780
Phone: 585-310-1578
Rochester Law Office Map

Map

Call us now for a free, 100% confidential consultation: