In this economy we are always looking for ways to save money but do we have the wisdom to save money beyond our existence?

Dennis O'Doherty, attorney at law in Sayville is advising us to get a will. It saves us money and, in some case, it could even make us money. “It’s good preventative medicine” to do a will, Dennis said, “it’s mentally healthy because you feel better as a weight lifts off your shoulders.”

Without a will, in New York State your possessions may be distributed to the wrong parties and assets could go into directions you never intended. As ironic as it may sound, this is one time you have full control over your life. Many people think they do not need a will because they do not have anything but you never know what you will have when you die. A lawsuit after a plane crash, car accident or a hospital malpractice could award you a lot of money. This money would go into your estate and a will would determine where the money would go.

It takes about an hour to answer a couple of questions and about $350 (but could rarely go up to $1000) to get peace of mind. That is not too bad considering the legal fees for handling an estate without a will, Mr. O'Doherty summarized.

Other documents you should consider getting while talking to a lawyer are power of attorney or durable power of attorney and a health care proxy.

Dennis O'Doherty explains: “A Health Care Proxy appoints someone to make medical decisions for another if they are unable to participate in their medical decisions usually during an emergence at a hospital, and A Living Will helps with not administering aggressive medical treatment or using heroic means to keep someone alive if that person can never participate in their medical decisions ever again because they are in a comma or are unconscious and their condition is terminal”.

When is a good time to get a will? Anytime obviously but it is preferable when you are still in good health. A written will is required in NY State but the will-signing ceremony can be video taped. The videotaping of a will-signing is usually conducted when problem heirs could come up. The attorney’s interaction with the client on the video demonstrates they have the capacity to sign the will.

One of Dennis O'Doherty’s clients requested a video-tape signing ceremony because she was concerned that a problem child would dispute the will. She had left one child less then others.
After her death, the adult child’s attorney contacted Mr. O'Doherty because he believed his mother was not mentally fit to execute the document. He was invited to view the video and in the end decided against continuing the legal fight. In this case, the video proved to be useful but most of the video requests are more often for inspirational advices.

Regardless of your motives and intentions, Dennis knows that “getting a will is good therapy.”


Dennis O'Doherty, Jr., Esq.
25 Candee Avenue
Sayville, N.Y. 11782
Phone: 631-563-0555
Fax: 631-563-0737
www.odohertylaw.com