While the majority of wills are probated without any issues, there are some wills where it becomes evident that something is suspicious about how the will was executed. One of the common ways for a will to go wrong is when there was undue influence when the will was originally written. If you are the potential beneficiary of a will where it appears there was undue influence, your best first call is to a wills attorney in Staten Island NY. Your wills attorney in Staten Island NY can fight for you to protect the inheritance that you were meant to have.
Undue influence means that someone uses some sort of coercion on the testator of the will to convince the testator to write the will in the influencer’s favor. The influencer may use a testator’s physical and mental frailty to convince them to leave a gift in the influencer’s favor. Other signs of undue influence may be when the influencer isolates the victim from loved ones or has their own attorney write up a new will. This is not the same as duress, where threats are made. Rather, undue influence uses manipulation, such as convincing the testator that their family no longer cares for them.
Hiring a wills attorney is the first step you should take once it becomes clear that your loved one was the victim of undue influence. There is a chance that you may be able to get the will that was written due to undue influence thrown out, with the gift to the undue influencer with it. It is possible to protect your rights and your potential inheritance, even after a wrongful will has been written.
Estate planning can be complex and involve much more than simply just writing a will. Despite what some websites or books may tell you, planning your estate without a wills attorney in Staten Island New York can bring up many issues later on, even to the point where your will is thrown out entirely. The risks associated with doing your own will could even result in your estate being distributed as if you died intestate, regardless of what your wishes are. The best way to plan any estate is to work with a wills attorney in Staten Island New York.
Don’t Let Your Will Be Thrown Out
Writing a will is only part of what you have to do to be sure that your wishes are followed after you die. You also have to make sure that your will is properly executed according to the laws of New York. This means that you have to have witnesses to your signature who sign individually that you personally signed the will or acknowledged that you signed and that you had the mental and physical capacity to sign your will. Preferably, you would also want your witnesses to validate they witnessed you sign in a notarized statement. Failure to execute the will properly could mean it is thrown out.
Another thing to be concerned about is any potential dispute that may arise as to whether or not someone was using undue influence or duress to have your will be written in their favor. This is often one of the main arguments that someone makes when they are disputing your will and is something that a wills attorney in Staten Island, New York would make sure to have evidence to the contrary to have your desires remain in effect.
Have you recently hired the services of a wills attorney in Staten Island NY? If so, you might be wondering how often to visit him or how common it is for wills attorneys in Staten Island to see his clients. For those of you not in the know, a Wills attorney can help you draft and modify a will; one of the most important legal documents that a person will draft during their lifetime. This document will allow a person determine who will inherit his or her assets upon death and a solid will can save your relatives years and years of legal battles and bitterness over material goods.
If you have already hired a wills attorney and you’ve already drafted a will, you should know there is not a “hard” limit on how much time should pass between visits. If you are ill or of advanced age, it might be a good idea to sit down with your wills attorney once every few months in order to review the current draft and make any modifications as necessary.
However, there are some situations where people think that once their will is done, then that is it. This is far from the truth and in reality; there will be situations where the legal documents need to be changed immediately depending on the current family situation, financial situation and legal climate. When a crisis pops up, having the advice of an experienced attorney can make the difference between struggling and stressing over a dodgy will or having the certainty that your will is bulletproof. We have to remember that legal documents are not a “set it and forget it” matter and they need to be constantly reviewed in order to avoid any unpleasant surprises.