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Browse our 1 legal question about Will & Testament in United States and the lawyer answers, or ask your own questions for free.
Hello, Her next of kin will be you and so you shall be the one to receive the benefits and her properties. You can contact us vfor assistance on the documentation and procession
Read full answerA will - sometimes called a last will and testament - is a legal document that states how a person wants their property distributed and who should carry out those wishes after they die. In Brooklyn, which is part of Kings County in New York State, wills are governed largely by New York State law and handled through the Kings County Surrogate's Court when a will is submitted for probate. Probate is the court process that validates a will, appoints an executor or administrator, oversees the payment of debts and taxes, and supervises distribution to beneficiaries.
Having a valid will helps reduce uncertainty for family members, speeds up administration of the estate, identifies an executor, and can designate guardians for minor children. Wills do not, by themselves, avoid probate, but they generally make the probate process smoother. Wills also work together with other estate planning tools - such as trusts, beneficiary designations, joint ownership, powers of attorney, and health care directives - to form a comprehensive plan.
Many people can prepare a simple will without a lawyer, but there are common situations where legal advice is strongly recommended to avoid costly mistakes and disputes later. A lawyer can help in these circumstances:
- Complex assets - If you own a business, real estate in multiple states, retirement accounts, or substantial investment portfolios, a lawyer can design a plan that addresses tax and transfer rules.
- Blended families - Where there are children from previous relationships, stepchildren, or multiple marriages, a lawyer can draft clear provisions to ensure your intentions are carried out.
- Large estates and taxes - Estates that may be subject to federal or New York State estate tax require careful planning to minimize tax exposure and preserve value for beneficiaries.
- Special needs or minor beneficiaries - If you want to provide for a beneficiary with disabilities, a lawyer can set up special needs trusts to protect eligibility for government benefits. Naming guardians for minor children should also be done carefully.
- Potential for contest - If your estate plan may be contested because of family disputes, incapacity questions, or an uneven distribution, a lawyer can help build a legally sound record and reduce the risk of successful challenges.
- Medicaid and long-term care planning - If long-term care or Medicaid eligibility is a concern, legal counsel can advise on strategies that comply with state law and avoid unintended penalties.
- Interstate or foreign property - Property located outside New York may be governed by other laws. A lawyer can coordinate planning across jurisdictions.
Key legal points that apply in Brooklyn reflect New York State law and local probate practice in Kings County. Important features to know include:
- Formal requirements - Under New York law, a valid will is usually in writing, signed by the testator, and witnessed by two competent individuals who sign in the testator's presence. These formalities are important because failure to meet them can render a will invalid.
- Probate and Surrogate's Court - The Kings County Surrogate's Court handles admission of wills to probate, issuance of letters testamentary or administration, and oversight of estate administration. Probate begins when the executor or another interested person files the will and a petition with the court.
- Intestacy rules - If a person dies without a valid will, New York intestacy laws determine who inherits. Spouses and children generally have priority, but the exact shares depend on family circumstances.
- Spousal rights - New York law provides certain protections for a surviving spouse, including the right to elect against an inadequate testamentary provision in some cases. Spousal protections can limit a testator's ability to disinherit a spouse completely.
- Creditor claims and debts - Before distributions are made, the executor must give notice to creditors and pay valid debts and final expenses. New York has procedures and deadlines for creditor claims.
- Estate and inheritance taxes - New York State imposes an estate tax for estates that exceed the state exemption threshold. Federal estate tax may apply for very large estates. Tax rules change over time, so check current thresholds if tax planning is relevant.
- Nonprobate assets - Certain assets pass outside of probate by operation of law or contract - for example, assets with named beneficiaries such as life insurance, payable-on-death accounts, retirement accounts, and property held jointly with rights of survivorship. These tools interact with wills and should be coordinated with an estate plan.
- Electronic and out-of-state wills - New York recognizes some wills that meet the formalities of another state. Laws on electronic wills and remote witnessing are evolving. If you are considering alternatives to a traditional paper will, consult an attorney to confirm current rules.
To create a valid will under New York law, you generally need to be at least 18 years old and of sound mind, put your wishes in writing, sign the will, and have at least two witnesses who sign in your presence and in the presence of each other. It is wise to have a clear date and to state that the document revokes prior wills. Because small errors can cause problems later, many people use a lawyer to prepare or review their will.
Yes, you can write your own will, and many people use do-it-yourself kits or simple templates. However, DIY wills can create unintended consequences if they do not meet legal formalities or if they fail to address specific issues like tax consequences, beneficiary designations, or blended family situations. For anything more than the simplest estates, legal advice reduces risk.
Dying without a will means your estate is distributed according to New York intestacy laws. Typically a surviving spouse and children inherit, but the exact shares depend on who survives you. Without a will, you also do not control who serves as executor or guardian for minor children. Probate will still be required for many assets.
Disinheriting adult children is possible under New York law, but disinheriting a spouse is more complicated because the surviving spouse may have statutory rights, including an elective share in some circumstances. You should consult an attorney if you intend to disinherit a spouse or if you need to understand the limits that state law places on such decisions.
You name an executor in your will to manage the estate administration - duties include filing the will with Surrogate's Court, obtaining letters testamentary, collecting assets, paying debts and taxes, and distributing property to beneficiaries. Choose someone trustworthy, organized, and willing to serve. You can name alternates in case your first choice is unable to act.
Different states have different formalities and tax rules. A will validly executed in one state is often recognized in another, but property laws and tax consequences can differ. If you move or acquire out-of-state property, review your will with an attorney to ensure it still reflects your intentions and complies with relevant laws.
You can change a will by executing a formal amendment called a codicil that meets the same witnessing requirements, or by creating a new will that expressly revokes the prior one. Destroying a will with intent to revoke it can also cancel it. Because informal actions can be disputed, execute changes with proper legal formalities and keep records.
Yes. Jointly owned assets with rights of survivorship and assets with named beneficiaries - such as life insurance, retirement accounts, and some bank accounts - generally pass outside of probate and are governed by the terms of joint ownership or beneficiary designation. Make sure beneficiary designations are up to date and consistent with your will so there are no unintended results.
Yes. A will can be contested on grounds such as lack of capacity, undue influence, fraud, or failure to meet formal execution requirements. Contests are handled in Surrogate's Court. Proper drafting, clear evidence of capacity, and impartial witnesses reduce the risk of a successful challenge.
Often yes. A comprehensive plan usually includes a durable power of attorney for financial matters, a health care proxy and living will for medical decisions, beneficiary designations on retirement and insurance accounts, and possibly trusts to handle taxes, incapacity, or special needs. An attorney can advise which documents fit your situation.
When seeking help or information in Brooklyn, consider these local and national resources and organizations for guidance and assistance:
- Kings County Surrogate's Court - for filings and local probate procedures
- New York State Unified Court System - for statewide probate and surrogate law guidance
- New York State Bar Association - for directories and referrals to qualified estate planning attorneys
- Brooklyn Bar Association - for local lawyer referral services and community resources
- Legal Aid Society of New York and other legal clinics - for low-cost or free assistance if you qualify
- AARP - for elder law and estate planning information geared to older adults
- National Association of Estate Planners and Councils - for education and professional resources
- National Academy of Elder Law Attorneys - for lawyers who specialize in elder law and Medicaid planning
- Local law school clinics - law schools in the New York area sometimes offer estate planning clinics that provide low-cost assistance under supervision
- Internal Revenue Service and New York State Department of Taxation and Finance - for federal and state tax information related to estates and gifts (consult a tax professional for planning)
If you need legal assistance with a will in Brooklyn, here are practical next steps to move forward:
- Take stock of your assets and liabilities - prepare a list of property, accounts, debts, and documents, and note any out-of-state or jointly owned items.
- Identify important people - decide who you want as executor, alternate executors, guardians for minor children, and beneficiaries.
- Gather key documents - collect existing wills, deeds, account statements, insurance policies, and beneficiary designation forms.
- Decide on priorities - determine whether reducing taxes, protecting a disabled beneficiary, avoiding probate, or naming guardians is most important.
- Consult a qualified attorney - use a local referral service or bar association to find an attorney experienced in New York wills and probate. Ask about experience with Kings County Surrogate's Court and fee structures.
- Prepare and execute documents properly - when you have a draft, sign it with the required witnesses and keep the original in a safe place. Make sure your executor and family know where to find it.
- Review periodically - revisit your will after major life events such as marriage, divorce, births, deaths, significant changes in assets, or moves to another state.
If cost is a concern, inquire about limited-scope representation, unbundled services, or local legal aid programs that can help with parts of the process. Proper planning reduces stress for your loved ones and helps ensure your wishes are followed.
