Wills

The Evolution of Wills and Their Vital Role in New York Estate Planning

Wills, a legal instrument dating back centuries, remain an essential tool for individuals seeking to dictate the distribution of their assets upon their death. In New York, the proper execution of a will carries significant legal importance, protecting one’s assets, ensuring their wishes are carried out, and providing for the guardianship of minor or disabled children. We can help you navigate the complex landscape of estate planning using Wills.

The Historical Roots of Wills

The concept of wills has an ancient history that dates back to Roman times, evolving through various legal systems over the centuries. In medieval Europe, wills became a common way for individuals to transfer their property upon death. The Anglo-Saxon tradition also played a significant role in shaping wills as a legal instrument, and it later influenced American law. In New York, the modern practice of drafting wills is firmly rooted in English Common Law.

Wills

What is a Will?

A will, often referred to as a “last will and testament,” is a legal document that allows an individual (the testator) to express their wishes regarding the distribution of their assets, the appointment of guardians for minor or disabled children, and the nomination of an executor (or a personal representative) to manage their estate. In New York, a valid will must meet certain requirements, including being in writing, signed by the testator, and witnessed by at least two individuals who are not beneficiaries.

Proper Execution of a Will in New York

New York has specific legal requirements for the execution of a will to ensure its validity. These requirements include:

The Importance of Hiring an Attorney

While it is possible to create a will without an attorney, the complex legal requirements and potential pitfalls make it advisable to seek professional guidance. An experienced attorney can ensure that the will complies with New York law, reducing the risk of challenges or disputes. Additionally, legal counsel can provide advice on tax implications, asset protection, and the incorporation of trusts.

Creating Trusts within Wills

Wills can be used to establish trusts that go into effect upon the testator’s death. These trusts, known as testamentary trusts, allow for the controlled distribution of assets to beneficiaries over time. This can be particularly beneficial for those wishing to provide for minor children or individuals with disabilities, ensuring their long-term financial security.

Appointing Guardians for Minor or Disabled Children

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At Schwartsman Law Group, we take pride in being your dedicated partners, committed to securing your legacy and guiding you through the intricacies of trusts and estates law. Contact us today to embark on a journey of comprehensive and personalized legal solutions that reflect your unique needs and aspirations.

Client Testimonials

Read amazing things past clients have said about the team at Schwartsman Law Group
Evan Marmer
Evan Marmer
1 September 2023
Marianna and her associates are extremely knowledgeable in handling and setting up special needs trusts for people who receive SSI or Medicaid or both.
chris Sklavounakis
chris Sklavounakis
23 August 2023
Marianna is very knowledgeable on estate matters. She was great at understanding my personal needs and tailored the trust to reflect them. She also took the time to explain various trust provisions. I would highly recommend her for all estate needs.
Millie Yee
Millie Yee
21 August 2023
Marianna helped my mother set up a trust. She and her team are professional, courteous and truly caring. She knows her stuff and you are in great hands! Would definitely recommend her services!
Michael A. Vaynshteyn
Michael A. Vaynshteyn
19 August 2023
I had the pleasure of working with Marianna at Schwartsman Law Group, and I can't express enough how incredibly impressed I am with her dedication, expertise, and overall commitment to providing exceptional legal services. From the very beginning of my case, Marianna demonstrated an unparalleled level of professionalism and genuine care. Marianna's knowledge of the law is truly remarkable. She possesses a deep understanding of intricate legal matters, and her ability to explain complex concepts in a clear and concise manner was instrumental in helping me grasp the details of my case. Her attention to detail and thorough research were evident in every aspect of her work, ensuring that nothing was overlooked. Thank you, Marianna, and thank you, Schwartsman Law Group, for providing a truly outstanding legal experience!
Jackie Mays
Jackie Mays
18 August 2023
Marianna is not only an EXCELLENT lawyer but truly cares about her clients. She handled by uncles' estate and not only was she professional but a truly caring person. Everything was handled perfectly! I would highly recommend her, if you need a GREAT attorney, she is it!! Thank you!
Olga Averin
Olga Averin
18 August 2023
I have worked professionally with Marianna for over 10 years. I admire her professionalism, attention to details, responsiveness and courtesy. Marianna is one of the best trust & estate lawyers I worked with. I highly recommend her for anyone who needs assistance in the trust and estate area.
Gregory P.
Gregory P.
18 August 2023
My previous attorney worked diligently on my case for over a year. We reached a point where I needed a stronger, more knowledgeable attorney to represent me. Suffice to say, Marianna Schwartzman was recommended to me by my first attorney, and I knew it was a good fit from the moment we met. In a very short time since Marianna took over my case, very important legal matters are being addressed. My goal is to achieve resolution of my case, and with Marianna being at the helm, it gives me confidence that my case will reach a positive result. In conclusion, if you're looking for a highly knowledgeable, no nonsense attorney to fight for your case, you will not be disappointed in hiring Marianna Schwartzman Law Group. Sincerely yours. G.
Maria Hernandez
Maria Hernandez
17 August 2023
Marianna Schwartsman, is the person you want on your corner, she is the best! She is professional, knowledgeable, passionate and caring; 5 starts are not enough to rate her. I highly recommend her.
Selena Bee
Selena Bee
9 June 2023
Marianna is an excellent choice for your trust and estate needs. She helped me through the probate process when my husband passed away. I'm so grateful to have had her representation during this time. Marianna absolutely knows her stuff and is a true professional. I have no reservations recommending Marianna Schwartsman for your trust and estate needs.