Thinking about end-of-life matters is never pleasant, but not having a will in New York State can cost your family thousands of dollars and years spent in court. If you own a home in Maspeth or have savings in an American bank, Polish inheritance rules will not apply here.
Is a handwritten will valid?
In Poland, a handwritten last will and testament is often honored. In New York, the formal requirements are much stricter. The document must be signed in the presence of witnesses who are not beneficiaries. A mistake at this stage can invalidate the entire document.
What is Probate?
It is a court process that your estate must go through. Having a will streamlines this process, but it does not eliminate it. To avoid court (Surrogate’s Court), it is worth considering options that allow for the immediate transfer of assets without court intervention.
Elective share and New York law
Many people ask about a “spouse’s right to inherit.” In New York, a spouse has a right to an “elective share,” which means they cannot be completely disinherited, even if you write so in your will. It is worth consulting with a lawyer to avoid future lawsuits from family members.
