While many people today feel they can obtain a “Will Kit” at a local stationary store or on the internet, the cost of having a professional draft and execute a Will is not prohibitive. In New York State there is a presumption at law that a Will drafted by a licensed practitioner is properly executed and this fact in itself makes the execution of a Will by a lawyer a good idea and may, in fact, save your estate considerable cost after your demise. Attorneys are also aware of the necessity for additional documentation that can be prepared at the time the Will is drafted that will make probate (in the majority of uncontested non-adversarial probate proceedings) more expedient.
Deciding to prepare a Will is a good time to consider estate planning in general, and not all assets may need to be placed in your estate. You may also wish to consider that some of your assets can be taken out of your estate, thereby making some of your assets available to your intended heirs without the delays that are sometimes necessary during probate. An interesting article about this can be found in a guest blog written by Alex T. Roshuk here.
We can assist you with the drafting and execution of a Last Will and Testament. Please see our entry about tying a will on our blawg (lawyer blog).