John Ciafone | Queens Scene

QueensScene I am a surviving spouse with one child. I have a bank account with my only daughter, with rights of survivorship. I was told at a senior citizen’s center that I don’t need a Will since my only asset will automatically pass to my daughter. Is this right? While on the face of your presentation it does not appear that you need a Will, it is a serious mistake for you not to have a Will. For example, if you get sick and are treated in a hospital and die due to a mistake by a nurse, doc-tor or other medical personnel, your estate may have a claim for medical malpractice and any monies recovered would have to be settled with the Sur-rogate Court. The fact that you do not have a Will can cause undue hardship to your daughter or any other potential heir trying to recover the monies as a result of the malpractice. A Will is important for it attempts to honor your wishes with respect to who may receive your money if your daughter were to predecease you or that you both died in a common accident. In that event, who would receive the savings in the bank account? A Will is needed to direct your administrator of the estate. It is also important whether you have money or not. It directs the court that you wish to include or exclude certain individuals from inheriting from your estate. Without a Will, the state of New York interprets its “own will”, basically by statute distributing your estate under the laws of intestacy which may not be what you truly, ultimately desired. “ON THE LAW” with JOHN J. CIAFONE, Esq. Attorney & Counselor at Law 25-59 Steinway St./Suite 2F, Astoria (718) 278-3900 SERVING THE NEEDS OF OUR COMMUNITY 24 HOURS/7 DAYS If you have any questions; please Call: John J. Ciafone, Esq. Question: Answer: July 2018 Page 29 <pagedata>28:0.0630934387:0.922309041:0.945542932:0.0837326348</pagedata>