What is required for a will to be valid in New York?
To execute a valid will, it must be:
- Written
— Oral wills are not valid. Although electronically stored information (ESI) is the wave of the future, New York still insists on hard copies.
- Signed
— The person who made the will (called a "testator") must sign at the bottom.
- Witnessed
— A disinterested person must witness the signing and sign the document after the testator. Courts have ruled that to qualify as a witness, the disinterested party must understand the significance of what is happening and have an uninterrupted line of sight to the signing.
These minimal requirements create a presumption that the will is valid. However, a disgruntled beneficiary may still search for a basis to challenge it. Our firm drafts wills meticulously to stand up to court scrutiny.
But even a perfectly executed will might not be sufficient to address your estate planning needs. We help our clients understand and avoid any potential pitfalls of will planning.
What happens if a New Yorker dies without a will?
When someone dies without a will, the estate is settled in probate court according to New York’s intestate succession laws. The property flows to the decedent’s close relatives as follows:
- Spouse, but no living offspring — Spouse inherits everything.
- Spouse and living offspring — Spouse inherits the first $50,000 of intestate property and one-half of the balance. Children divide half of the balance equally.
- Living offspring, but no spouse — Children divide everything equally.
- Parents, but no spouse or offspring — Parents inherit everything.
- Siblings, but no spouse, offspring or parents — Siblings divide everything equally.
It’s important to understand that not all assets are intestate property. Items held jointly, such as real estate or checking accounts, pass to the joint owner without any court action. To understand how succession might operate in your case, it’s important to speak to an attorney. A knowledgeable lawyer can explain how estate planning allows you to determine who shares in your legacy.
Contact An Experienced Will Planning Attorney Today
Every person should have an estate plan crafted to their individual needs. At the Cormac McEnery Law Firm, we provide high-quality, highly-personal legal services for clients of all ages, with particular care for seniors who may need urgent attention. To schedule a free consultation at one of our convenient offices, call
718-885-1234.