Wills and Testament

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Commonly Asked Questions about Wills and Testament

Do wills have to be filed with the court in NY?

When the person who died (the Decedent) had a Will then the Will must be filed in Surrogates Court and admitted (approved) for probate. Probate is the process of proving that the Will is valid (legally acceptable).

What are the three main types of wills called?

What are the four basic types of wills? Simple will. A simple willsometimes known as basicis the type most people associate with the word will. With a simple will, you can decide who will receive your assets and name a guardian for any minor children. Testamentary trust will. Joint will. Living will.

How powerful is the last will and testament?

For many people, the most important document in their estate plan is their last will and testament. This document will give you a say in how an executor should handle your assets upon your death. Without a will, your estate will be subject to state-created intestacy laws, which dont take into account your preferences.

What is the difference between a living will and the last will and testament?

With a last will, you choose who you want to inherit your property after you pass away. With a living will, you outline your preferences about future healthcare treatments, in case youre ever unable to communicate your wishes to doctors and loved ones.

Is a will and testament the same thing?

Though it has been thought a will historically applied only to real property, while testament applied only to personal property (thus giving rise to the popular title of the document as last will and testament), records show the terms have been used interchangeably.

Whats the difference between a will and will and testament?

A last will and testament, also known simply as a will, is a legal document that provides instructions for what should happen to a persons assets after his or her death. If a person dies without a will, they are said to be intestate, and state intestacy laws govern the distribution of the property of the decedent.