Short answer: most New Yorkers need a will, and many also benefit from a revocable living trust — they solve different problems, and the right plan often uses both. A will directs who inherits your property and names a guardian for minor children, but it must pass through Surrogate’s Court (probate) to take effect. A revocable living trust holds assets
The five will-drafting mistakes most likely to trigger a will contest in New York are: (1) defective execution that violates EPTL §3-2.1, (2) vague or contradictory bequest language, (3) ignoring red flags for undue influence or lack of capacity, (4) using outdated or improvised “DIY” amendments instead of a properly executed codicil, and (5) failing to plan for New York’s
Yes — you should almost always update your will after a marriage or divorce in New York, and in the case of divorce, New York law automatically rewrites parts of your will for you whether you act or not. Under New York’s Estates, Powers and Trusts Law (EPTL), a final judgment of divorce, annulment, or declaration of nullity automatically revokes
Yes — you can and should include digital assets in your New York will. To do it correctly, identify your digital property (cryptocurrency, online accounts, domain names, photos, loyalty points, and more), name a person to manage them, leave clear instructions for access, and execute the will under New York’s standard formalities in EPTL §3-2.1 (at least two attesting witnesses
Choosing an executor for your New York will means selecting a trustworthy, organized adult—often a spouse, adult child, close friend, or a professional like an attorney or bank—who will file your will with the Surrogate’s Court, gather and protect your assets, pay valid debts and taxes, and distribute what remains to your beneficiaries. The best choice is someone honest, financially
In almost every case, no — handwritten and oral wills are not valid in New York. New York is one of the strictest states in the country when it comes to how a will must be created. With only narrow exceptions reserved for active members of the armed forces and mariners at sea, a will in New York must be