Need a will?
Anike Law can help.
If you’re seeking an experienced professional to help you navigate the process of creating a will, you can rely on us. We can take the extra step by helping you understand why you need an estate plan – regardless of the current status of your finances. Establishing your estate requires three necessary documents: a last will and testament, a healthcare proxy, and a power of attorney.
Wills
Your will is a legal document with instructions about what should be done with your money and property after your death. It names beneficiaries (people or institutions) as well as an executor, who will handle your will through the probate process, and a trustee, who will handle the distribution or management of your estate afterwards. It can also include provisions for the care of your children, including the appointment of a guardian. Your will has to follow certain prescribed formalities, or it may not be legally binding. For this reason, well-prepared people have a lawyer draw up their will.
Healthcare Proxy
A healthcare proxy lets you appoint a competent adult to make decisions about your medical treatment — in case you lose the ability to decide for yourself. Your physician will decide whether you are capable of making your own healthcare decisions. You can also include instructions about specific scenarios in your healthcare proxy. This document does not grant total control over your life to one person; it names someone who can act based on your stated wishes and what he or she knows of your beliefs. You should give your physician a copy of your healthcare proxy document as soon as you’ve completed it. It is important to have a healthcare proxy because we all face health conditions we do not expect.
Power of Attorney (POA)
If you want someone to be able to deposit your checks at your bank, file your taxes, or even sell or mortgage your home, you can create a useful document called a power of attorney. A POA is a simple document that grants specific powers to someone you trust to handle certain matters for you. Why is a POA important? Well, if you pass away unexpectedly and do not have a POA, all of your assets will be divided according to New York State regulations — rather than your wishes, which may leave family and friends in unfavorable conditions.
Frequently Asked Questions
Why shouldn’t I use an online service to make my will?
Online services may not meet all specific statutes and execution formalities; your will may be found to be invalid.
What decisions do I need to make when creating a will?
1. Decide what property to include in your will.
What financial documents do I need when creating a will?
1. You should have a list of all your assets.
