Will vs. Living Will in New York: What’s the Difference?
The short answer: in New York, a will (a last will and testament) controls who receives your property after you die, while a living will is a completely separate health-care document that states your wishes about life-sustaining medical treatment while you are still alive but unable to speak for yourself. They sound alike, but they […]
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 promptly — these are precisely the life events that can leave an old will out of step with your wishes, your family, and New York law. A will is not a “set it and forget it” document; […]
How to Choose an Executor for Your New York Will
Choosing an executor for your New York will means selecting the person you trust to gather your assets, pay your debts and taxes, and distribute what remains to your beneficiaries — and the right choice is someone who is organized, trustworthy, financially responsible, and willing to serve under the supervision of the Surrogate’s Court. Your […]
How to Change a Will in New York With a Codicil
To change a will in New York with a codicil, you prepare a separate written amendment that references your existing will, then sign and execute it with the same legal formalities required for the original will under New York Estates, Powers and Trusts Law (EPTL) §3-2.1 — meaning at least two attesting witnesses, your signature […]
Does a Will Avoid Probate in New York?
No — a will does not avoid probate in New York. In fact, a will is the very document that triggers probate. Under New York law, a will takes effect only at death, and before its instructions can be carried out it must be admitted to probate in the Surrogate’s Court of the county where […]
Can You Disinherit Someone in a New York Will? (Spousal Right of Election)
Yes — under New York law you can disinherit most people in your will, including adult children, siblings, friends, and more distant relatives. There is one major exception: you generally cannot fully disinherit a surviving spouse. New York’s spousal right of election under EPTL 5-1.1-A gives a surviving husband or wife the power to claim […]