32 THE QUEENS COURIER • HEALTH • JANUARY 3, 2019 FOR BREAKING NEWS VISIT WWW.QNS.COM
Elder Law Minute TM
Is a Handwritten Will Ever Appropriate?
BY RONALD A. FATOULLAH, ESQ.
AND EVA SCHWECHTER, ESQ.
Most people understand the importance
of having a last will and testament
to document how they would like
their assets distributed upon their passing.
However, sometimes individuals try
to save time and money by hand-writing
their own will, using a pre-printed form
or utilizing a “do-it-yourself” online program.
While there is no technical requirement
to hire a lawyer to draft a will, failure
to consult with a qualifi ed attorney can
lead to signifi cant problems that may prolong
estate administration, cost unnecessary
money, and create headaches for
one’s heirs and loved ones.
A will is a legal document that directs
who will receive an individual’s property
upon his/her death. Th e legal requirements
for a valid will are fairly straightforward.
In order for a will to be valid,
an individual must know the nature and
extent of his property, what it means to
leave his property to another on his passing,
sign the document, and have it witnessed
according to the laws of his state.
ELDER LAW
In New York, those laws require that the
will be in writing, signed at the end by the
testator in the presence of at least two
attesting witnesses, and acknowledged by
the testator to be his last will and testament
during the execution.
A “holographic” will is a will that is
handwritten and signed by the testator,
generally without witnesses. Some states
make allowances for handwritten wills.
New York State makes limited allowances
for holographic wills for mariners at
sea and members of the U.S. armed forces,
but New York does not otherwise recognize
handwritten wills. However, holographic
wills which were properly executed
in a jurisdiction that recognizes them
are valid in New York. In general, a handwritten
will is much more likely to be
challenged aft er the testator passes, and
should generally be avoided in New York.
In addition to the issue of due execution
and the validity of a handwritten will,
there is the issue of the content of such
a will. Th e “do-it-yourself” will soft ware
off ered by an online program might work
for an individual with a simple estate, little
or no property, small savings or investments,
and a traditional family tree, but
use of these programs is not in everyone’s
best interest. It is recommended that even
a person of average means meet with a
lawyer to defi nitively determine whether
or not his needs are indeed simple. Prior
to draft ing a will on his own, an individual
should determine if the estate is taxable
under state or federal law, or whether
there is anything about his estate that
is unusual, such as having children from
a previous marriage or having a disabled
child. Both of these circumstances might
have implications beyond his understanding
in the context of a will, and can result
in his estate not being distributed according
to his wishes should he proceed with
a will without consulting an attorney. If
an individual has any questions about his
estate plan, it is prudent that he consult
with a knowledgeable elder law and estate
planning attorney.
If an individual chooses to prepare his
own will, he runs the risk of not having
his estate distributed in accordance with
his wishes. While an individual may save
some money in the short term, he is in
danger of making mistakes that can cause
unneeded confl ict and possibly a great
sum of money, and it may not achieve
the desired results for his benefi ciaries. It
is best to seek the advice of an attorney
before creating an estate plan and draft -
ing a will.
Ronald A. Fatoullah, Esq. is the founder
of Ronald Fatoullah & Associates,
a law fi rm that concentrates in elder
law, estate planning, Medicaid planning,
guardianships, estate administration,
trusts, wills, and real estate.
Eva Schwechter is an elder law attorney
with the fi rm. Th e law fi rm can be
reached at 718-261-1700, 516-466-4422,
or toll free at 1-877-ELDER-LAW or
1-877-ESTATES. Mr. Fatoullah is also
a partner with Advice Period, a wealth
management fi rm that provides a continuum
of fi nancial and investment advice
for individuals and businesses, and he
can be reached at 424-256-7273.
RONALD FATOULLAH
ESQ, CELA*
In a World of Their Own and Aging
When a dying person senses that he is
being abandoned and that others no longer
feel he is worth their time and eff ort,
he is likely to show very understandable
mental and emotional reactions.
He becomes demanding and agitated
or more depressed. He thinks and talks
in ways that may come across as peculiar
to others.
For whenever patterns of communication
deteriorate, it becomes increasingly
diffi cult for an isolated person to
speak logically. Unfortunately, reactions
of this type oft en provoke responses that
compound misery. Depressed because
he feels abandoned, the terminally ill
person may stop eating. Sensitive caregivers
may recognize the psychosocial
dynamics involved and increase their
eff orts to provide a sense of aff ection
and security. Less sensitive people, however,
may immediately resort to forced
feeding through intravenous needles
or gastrointestinal tubes. Or, they may
decide the person is ready to die and let
him go.
Th ere is another fairly common reaction
to the distress expressed by the terminally
ill elderly person. Depressed,
fearful, trying to fi nd some way to counter
the loss of a normal human environment,
he may behave in a way that makes
him, in some people’s eyes, an ideal
candidate for a mind-infl uencing drug.
Instead of receiving a human response
to his distinctly human needs and distress,
he may be pacifi ed by drugs. Th is
approach reduces some of the symptomatic
expressions of distress, especially
those that disturb other people on the
scene, but gives little true comfort to the
person.
Nevertheless, mental changes in the
old person are sometimes the fi rst signs
of a terminal decline. Awareness of this
can help us provide more appropriate
care for the individual, and encourage
sensitivity to his needs and wishes.
Th e functioning of a person during
a terminal illness largely depends on
who he has been throughout his life, the
type of condition affl icting him, the type
of treatment being received, the special
characteristics of his present environment,
etc. We can relate better to
the terminally ill elderly individual if we
don’t load ourselves with expectations,
but approach him simply as the person
he is with the people we are.
Sheldon Ornstein Ed.D, RN, LNHA
Dr. Sheldon Ornstein is a
registered professional nurse
with a doctoral degree in
nursing organization. He
has specialized in the care
of older adults and has
published many articles on
the subject. He has done
post-graduate work in gerontology
and has taught
at several universities. In
2013, he was inducted into
the Nursing Hall of Fame at
Teachers College, Columbia
University.
health
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