Wills & Estate Planning — New York State

Where to Store Your Will Safely in New York

Thu, 18 Jun 2026 19:59:42 +0000

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 […]

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What Makes a Will Invalid in New York?

Thu, 18 Jun 2026 19:59:42 +0000

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” […]

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What Happens If You Die Without a Will in New York?

Thu, 18 Jun 2026 19:59:42 +0000

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 […]

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Updating Your Will After Marriage, Divorce, or a New Child in NY

Thu, 18 Jun 2026 19:59:42 +0000

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in New York, you should update your will now — these are the three life events most likely to make your existing will outdated, partially void, or out of step with what you actually want.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” […]

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How to Make a Will Legally Valid in New York (EPTL §3-2.1)

Thu, 18 Jun 2026 19:59:42 +0000

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 […]

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Can You Disinherit Someone in a New York Will? (Spousal Right of Election)

Thu, 18 Jun 2026 19:59:42 +0000

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 […]

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Naming Foreign Beneficiaries in a New York Will

Sat, 28 Mar 2026 08:07:00 +0000

Can you leave New York property to relatives abroad? A cost-and-timeline guide to naming foreign beneficiaries in a NY will, plus the immigration angle.

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