How Long Must a Lawyer Keep an Original Will in New York?

What is a Will, and Why is it Important?

A will is a relatively straightforward document that states how you wish to handle things of importance upon your death. Items such as who will receive assets or property or become guardians of your children are included in a will.

Another critical aspect of a will is who will oversee your affairs and handle them according to your wishes after you are gone. The person appointed with this responsibility is the executor. An executor is a critical role and should not be taken lightly. It is imperative to choose someone for this role who is highly trustworthy, efficient, and able to manage your affairs as you see fit. They may need to be resourceful, as well, and reach out to attorneys or accountants as necessary to ensure your assets are handled effectively. You can also name a secondary executor to step in should the primary executor not be able to carry out the duties when it comes time.

Creating a will is essential to ensure your wishes are communicated and carried out upon your death. Without a will in place, the State of New York will need to determine how to distribute your assets and who will become guardians of your minor children should the other parent not be able to care for them.

What Ensures a Will is Legal in New York?

For a will to be enforceable, it must be written, dated, and signed by you and two witnesses. It is best practice to have your witnesses add their addresses below their signatures. The witnesses don’t need to be aware of the information in the will, just that it is your will, and they are signing as witnesses. From a legal standpoint, a handwritten will without witnesses is legal in New York but is not recommended, so it is best to take the extra step of having two witnesses.

Can I Make Changes to My Original Will Once Completed?

The best way to achieve changes to an existing will is to create a new one. By doing so, you can ensure that the process is handled effectively via the help of a trusted attorney and that your new will is enforceable and complete.

Common reasons to change a will in the future may be that tax or estate laws have changed in your state, relationship status has changed, or you have acquired significant assets since the creation of the original will.

A will can not be changed or revoked simply by crossing out verbiage in the document. You can have a codicil to a will drafted, essentially an addendum. However, the best practice is creating a new will to reflect the changes.

Do Lawyers Keep Original Copies of Wills in New York?

A lawyer may choose to keep your will on file and in a safe place but is not required to do so in New York. It is an excellent option to have an original on file with your lawyer as they typically have fireproof options for original documents, and they can assist the executor upon the client’s death in the initial steps based on the original will.

Your lawyer may deliver you an original copy of your will for you to oversee. The following section will discuss the best and worst places to store your will.

Where Should I Store My Will?

As you can imagine, a will is an essential document to create and store so that nothing happens to it. In most cases, New York probate court will require the original document rather than copies of the will, so you must be able to present the original will when necessary.

If you have a waterproof and fireproof safe deposit box at home, you can place the document there.

If you work with an estate attorney that offers storage of your will in the attorney’s office, this is a great option. They are familiar with you and your wishes as they helped you create your will, so they can easily navigate the transition and guide your executor through the critical steps necessary for your final wishes after your death.

In the state of New York, you also have the option to store your original will with the Surrogate Court. Many find this option appealing because the fees associated with storage are minimal, and as the will is filed with the probate court, there is no room for error upon your death or mistakes regarding your not having a will in place. The drawback to this option is that if you need to make changes to the original wills or create a new will, you may be charged additional fees to retrieve and replace your existing one.

Regardless of where your will is stored, it is crucial to let the executor know where they can access it. They will need to easily access it upon your death to carry out their responsibilities without trying to hunt down a secret hiding place that was not communicated to them and risk issues with your estate.

Do I Need a Lawyer to Create a Will?

The simple answer is no, but it may not be the best approach to handle such an important document alone. An experienced estate lawyer can ensure that you have included all pertinent details, have planned accordingly, and have created a legally enforceable will. After all, you have spent more of your life working towards building your estate, so let’s work together in drafting your estate planning documents to ensure that hard work is protected when it matters the most to your family.