New York Probate and Estate Administration Lawyer Blog
Intestacy refers to the situation where an individual dies without a valid will, leaving their assets to be distributed according to the state’s laws. In New York, the laws of intestacy dictate that if an individual dies without a will, their next of kin would be entitled to the decedent’s estate. The distribution of assets according to the laws of intestacy may not align with the deceased individual’s wishes, highlighting the importance of having a valid will in place to ensure that their assets are distributed as intended.
The Matter of Estate of Rymanowski demonstrates the importance of adhering to the legal formalities for will execution. In New York, a valid will must be in writing, signed by the testator, and witnessed by at least two disinterested witnesses who sign in the presence of the testator. Failure to comply with any of these requirements can result in the will being invalidated and the estate being distributed according to the laws of intestacy.
Background
In this case, the decedent, Jane Rymanowski, had executed a will in 1980, in which she left her entire estate to her brother, Joseph, with no provisions for her other siblings or nieces and nephews. The will was prepared by a paralegal employed by an attorney, who was not present at the time the will was executed. The paralegal did not follow the necessary formalities for will execution, including the requirement for two witnesses to sign the will in the presence of the testator. After Jane’s death, her other siblings and nieces and nephews challenged the validity of the will, arguing that it was not properly executed and did not accurately reflect Jane’s wishes.
Discussion
The court ultimately found that the will was invalid due to the failure to comply with the formalities of will execution, and the estate was distributed according to the laws of intestacy. This means that the decedent’s estate were distributed to her next of kin, which included all of her siblings, which appeared to be different from what she intended at the time that she executed her will.
Another lesson from Matter of Estate of Rymanowski is the importance of working with an experienced estate planning attorney to draft and execute a will. While a paralegal was employed to prepare Jane’s will, the attorney who employed the paralegal was not present at the time the will was executed, and as a result, the formalities of will execution were not followed. An experienced New York estate planning lawyer can help ensure that all the necessary formalities are followed, and that the will accurately reflects the testator’s wishes.
Finally, Matter of Estate of Rymanowski underscores the importance of keeping a will up to date. In this case, Jane’s will was executed in 1980, but her family situation had changed since then. If she had updated her will to reflect these changes, it may have been less vulnerable to challenge and better reflected her current wishes.
Conclusion
Matter of Estate of Rymanowski is an important case that highlights the significance of complying with the formalities of will execution, as well as the importance of having a well-drafted will that accurately reflects the testator’s wishes. The case underscores the importance of working with an experienced New York estate planning lawyer and seeking legal advice in a timely manner in the event of a dispute over a will.
Finally, the case highlights the importance of keeping a will up to date in New York is crucial to ensure that the testamentary intent of an individual is carried out after their death. Changes in personal circumstances, such as the birth of a child, marriage, or divorce, may require updates to an existing will to reflect new beneficiaries, executors, or assets. Failure to update a will may result in unintended consequences, including the distribution of assets to unintended beneficiaries or family disputes. By regularly reviewing and updating their wills, individuals in New York can ensure that their wishes are carried out as intended and that their loved ones are provided for after their death.