A will in New York must be signed at the end by the testator in the presence of at least two witnesses, to whom they declare that it is their will. Without a will, the estate is distributed by law: if there is a spouse and children, the spouse receives $50,000 and half of the remainder, and the children receive the rest.
In many Polish-American families, talking about a will is still considered something that „brings bad luck,” so it is postponed for years. Meanwhile, after a loved one passes away, it is precisely the lack of a document – or a document executed without the proper formalities – that often causes the estate to end up in the hands of people the deceased did not intend.
„Everyone knows” – but only from conversations
Parents may have repeated for years whom they want to give their home in Maspeth or savings to, and children may consider those words to be a sufficient arrangement. Sound familiar? However, the law does not take declarations made over a family dinner into account. What matters is a valid will or other documents that determine the transfer of property.
After death, a will is probated in the Surrogate’s Court in a proceeding called probate. That is why it is so crucial for the family to know where the original is kept and not to confuse it with a draft or a copy saved on a computer. A file named „final” does not guarantee that this specific version was signed correctly. When the original is missing or there are multiple versions, the matter becomes complicated – it cannot be resolved by adding a date from memory or making corrections on a signed document.
Will formalities and intestate succession: what the law says
Formal requirements are outlined in EPTL §3-2.1. A will must be signed at the end by the testator – or by another person on their behalf, in their presence, and at their direction. The testator signs it in the presence of witnesses or acknowledges their signature to them and declares that the document is their will. At least two witnesses must sign the will within a single 30-day period; adding their addresses is customary, but the lack of them does not invalidate the will. However, omitting other formalities can make it difficult for the court to probate the will.
When there is no will, EPTL §4-1.1 applies. After deducting debts, administrative expenses, and funeral costs, a spouse with children receives $50,000 and half of the balance, and the children receive the rest. A spouse with no children inherits everything, and children without a spouse inherit everything as well. If there is neither a spouse nor children, the estate goes to the parents, and further to siblings and their descendants. An unmarried partner is not on this list.
What this means for Polish-American families
A will is not the only tool. The Heller Law Firm, PC lists on its website the preparation of wills and trusts, powers of attorney, shareholder agreements, business succession and estate transfer plans, as well as asset transfers designed to minimize estate taxes and administrative costs. The firm states that it advises clients at every stage of estate planning.
Many families have assets on both sides of the ocean – a house on Long Island and an apartment or land in Poland. A New York will does not automatically resolve every matter abroad, so it is worth mentioning real estate in Poland right at the first meeting. The same applies to blended families: children from different relationships and a new spouse are situations where statutory laws may produce a result far from expected. It is also a good idea to review whether documents reflect your current situation every few years – following a marriage, divorce, birth of grandchildren, purchase of a house, or sale of a business.
Consultations in Polish
The scope of practice is described on the firm’s webpage on estates and wills, and contact information can be found on the firm’s profile on PolishPages. The firm, founded by Norman H. Heller, Esq., serves clients in Polish.
For the initial consultation, it is helpful to prepare a general overview of assets, previous documents, and a list of people the plan should concern. Consultation terms are determined individually. Phone: 516-441-5656.
This article is for informational purposes only and does not constitute legal advice; reading it does not establish an attorney-client relationship. This material is attorney advertising. Prior results do not guarantee a similar outcome.
