MadeMyOwnWill NowWhat?

[dustinsmommy56]

Nanci in New York State

I used the free sample will on www.escape.ca/~cruise/wills2.htm
where I put my husband & childs names in all the right places.
I signed it in front of two witnesses. Now what do i do with it?
Do I have to file it somewhere? It was a very simple will.

 

[ALawyer]

Wills traditionally are not formally "filed" anywhere, but held "in a safe place" by the person or lawyer who prepared it, or given to a trustworthy friend in a SEALED envelope to be opened IF something happens, or held in a safe deposit box (with a photocopy held out of the box, as safe deposit boxes are often sealed upon a death and can be reopened with certain approvals of state tax oficials, etc.)

In NY there is a procedure to have a Will filed in the Surrogate's Court in the county in NY which you reside, and held confidentially until the "time comes". If you later make a new Will, you should have that filed there too.

I have not a clue about the "free sample"you followed, or if it is suitable and useful in NY.

 

[advisor10]

12-18-2001

DEAR DUSTINSMOMMY:

That sample will you used is full of extra, confusing language and situations that don't even apply to your personal situation!

It is vitally important that you have your will reviewed by a probate attorney to verify that it meets the legal requirements of the state of New York. This would only cost a few hundred dollars but would be well worth the peace of mind you would get in knowing that your heirs were protected.

If any of the language is ambiguous or worded incorrectly, there is a great risk of having the will declared invalid, in which case your estate (you didn't say how much it was worth) would be divided according to New York state intestate probate law, which undoubtedly would be much different than the wishes you expressed in your will.

SINCERELY,

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