Wills
 
A person’s Last Will and Testament is generally referred to as a will. The will is a written statement of what a person wants done with their property after he or she passes away.

A will can contain directions on how property sis to be divided as well as name an executor to carry out those wishes. A will can also appoint a guardian for the children.

A will should be kept in a safe place, and at the same time a place that can be easily access if needed. If an attorney prepared the Will on your behalf, you may want to discuss with the lawyer where to keep the original Will. In some counties, the Surrogate's Court has a vault where Wills are stored for safekeeping until the person dies.

A will must be filed in Surrogate's Court and admitted for probate before the wishes of the person who has passed away can be followed. If the person who died had less than $30,000 worth of personal property, then a small estate also referred to as a voluntary administration can be filed instead.
 
A Wills is a confidential document until the person dies. Once the Will is admitted to probate or a small estate, it then becomes a public document that can be viewed and read by anyone.

In New York, a will can be executed by anyone of sound mind and memory. The law requires the signatures of two witnesses on the will along with their names printed and the addresses of the witnesses. Oral wills, also known as nuncupative wills, are accepted from members of the armed forces, and their spouses and companions when they accompany them into areas of armed conflict. Handwritten wills, known as Holographic wills are valid providing they are written entirely in the handwriting of the testator, or the person making the will.

A will provides a person with the opportunity to have their property distributed and children cared for pursuant to your express wishes upon your death. A will is required if you intend to leave property to a person or entity other than a blood relative, such as a friend, domestic partner, or charity. When a person dies without a will, the court will determine how your property will be distributed, who will care for your children. Inasmuch as the court’s directives may not reflect your own wishes and preferences, it important to have a will properly executed.