Legal Question in Wills and Trusts in New York

filing

If I purchase and download a Pre-Nup or Last will or power of attorney, does it need to be filed in any court? Or we just sign it as designated, keep it in a safe place, and that is all legal?


Asked on 4/26/07, 3:59 pm

2 Answers from Attorneys
Norman Nadel Norman Nadel, Esq.

Re: filing

There is an old saying that a person who is his own lawyer has a fool for a client. None of the documents you mention need be filed in any Court. If properly executed, that it is in compliance with statute and case law, the documents will be enforceable. The problem is that no single form is suitable for all individuals. Accordingly, you sign them at your own risk.

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Answered on 4/26/07, 4:14 pm
Max Rosenberg Rosenberg,Whewell, & Hite, LLC

Re: filing

Mr. Nadel is absolutely correct about people needing tailor made documents to suit their circumstances. He also offered good advice regarding the execution of such documents. If you are planning ahead and need such documents drafted, you may want to consider an attorney licensed to practice in NY but outside of NY. You may find the price of such legal work to be more reasonable the further from Manhattan you are. Please feel free to contact me if I can be of assistance.

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Answered on 4/26/07, 6:28 pm


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