How to Make a Will Legally Valid in New York (EPTL §3-2.1)
To make a will legally valid in New York, you must satisfy every execution and attestation requirement set out in Estates, Powers and Trusts Law (EPTL) §3-2.1: the testator signs at the end of the document, declares to the witnesses that the instrument is their will, and has at least two attesting witnesses sign within […]
Updating Your Will After Marriage, Divorce, or a New Child in NY
If you have married, divorced, or welcomed a new child in New York, you should update your will now — these are the three life events most likely to make your existing will outdated, partially void, or out of step with what you actually want. A will is not a “set it and forget it” […]
What Happens If You Die Without a Will in New York?
If you die without a will in New York, the State writes one for you. Under New York’s intestacy statute — EPTL Article 4 — your property passes to a fixed list of next of kin in a fixed order, regardless of what you would have wanted, who you were closest to, or who needs […]
What Makes a Will Invalid in New York?
A will is invalid in New York whenever it fails to satisfy the strict execution and attestation requirements of New York Estates, Powers and Trusts Law (EPTL) §3-2.1 — most commonly because it was not signed at the end by the testator, was not witnessed by at least two people, or was never properly “published” […]
Where to Store Your Will Safely in New York
The safest place to store your will in New York is somewhere that is secure, accessible to your executor after death, and protected from loss, damage, or tampering — most often with your estate-planning attorney, in a fireproof home safe with a trusted person knowing the location, or filed for safekeeping with the Surrogate’s Court […]
Can You Disinherit Someone in a New York Will? (Spousal Right of Election)
Yes — in New York you can disinherit most people in your will, including adult children, parents, siblings, and other relatives, with one major exception: you generally cannot fully disinherit a surviving spouse. Under New York’s Estates, Powers and Trusts Law (EPTL) §5-1.1-A, a surviving spouse has a “right of election” to claim a minimum […]