Living Wills in New York A Living Will becomes effective only if you are found to have a terminal disease or are nearing the end of your life and are unable to convey your preferences. The Living Will was allowed by the courts in New York State (rather than by law), hence there are no rules governing its usage. You can create your own Living Will in New York, so long as you follow some basic guidelines.
Your Living Will should include the following: Your wishes regarding medical treatment, organ donations, artificial nutrition and hydration (A.K.A. feeding tubes). This is important because all these things are possible today with modern medicine. If you do not specify your feelings on these issues, then doctors will be able to decide for you if/when needed. Your family members or friends should also be informed of your wishes since it could happen at any time.
You should write your will when you are healthy and have enough money saved up for medical expenses. This way, your health concerns will be taken care of even if something unexpected happens to you. Your will should be signed before a notary public or other authorized officer where you can sign your name. This signature should be notarized too. Forms of wills available online or from legal professionals are best since they contain detailed information about your assets and debts that may affect who gets what after you die.
In New York, Dying With a Will In New York, issues are quite simple for decedents who die with a will, with most wills being carried out exactly as the decedent specified. However, how this issue is handled is entirely based on the valuation of the estate and other considerations. For example, if you leave your estate to your spouse but have children from a previous marriage, the law requires that the estate be divided among your surviving parents.
If you fail to make a will, then the laws of your state will determine who gets your property. Generally speaking, your spouse or domestic partner will get your real estate and personal belongings, while any children or other relatives would get your money and other assets. Of course, these assumptions can be changed by you through written directives found in your state's statutes. For example, if you have one child and you want to give all your property to this child, you can write this directive in your will.
The only situation where having a will not make sense is if you have no family members who would benefit from your death. In this case, it is up to the people involved in your death to decide what should happen to your property.
The reason why having a will is so important is because the way you arrange your affairs after death affects everyone involved in your life. For example, if you don't leave a will, then your property will be administered by a court-appointed administrator.
Wills are not "read" in New York State, as you may have seen on television. When a deceased leaves a will in New York, a procedure known as probate must be followed. The goal of probate is to have the Surrogate's Court rule that the will is legitimate, i.e., that it is the decedent's genuine final will and testament. Only then can the estate be distributed according to the wishes expressed in the will.
In most cases, an executor is named in the will to administer the estate. The executor files all necessary papers with the court, such as petitions for allowance of administration expenses and for distribution of the estate. If there is no will, the law automatically grants permission for the executor to act for the deceased.
A will can also be admitted to probate without going through the formal process if certain conditions are met. For example, if there are no other persons who could possibly claim interest in the estate (i.e., heirs), then the will can be admitted directly to probate by filing appropriate documents with the court. In this case, no executor is named in the will; instead, the person or entity that filed the application serves as his or her own executor.
What happens if there is no one available to serve as an executor? In this case, the will cannot be admitted to probate and the entire estate will be administered by the court.