The short answer for today’s New York families: a will controls what happens to your property and money after you die, while a living will records your health-care wishes while you are still alive but unable to speak for yourself. They are two completely separate documents, governed by different rules, signed for different reasons, and used at different moments. A
To choose an executor for your New York will, pick a trustworthy, organized adult who is willing to serve, name them clearly in a will that you sign and witness correctly under New York Estates, Powers and Trusts Law (EPTL) §3-2.1, and always name at least one backup. Your executor is the person the Surrogate’s Court will appoint to gather
To change a will in New York with a codicil, you create a short written amendment that names the will it modifies, states the specific change, and is then signed and witnessed with the exact same formalities as the original will — at least two attesting witnesses under New York’s Estates, Powers and Trusts Law (EPTL) §3-2.1. A codicil does
No — a will does not avoid probate in New York. This is one of the most common and costly misunderstandings we see at Morgan Legal Group. A last will and testament is actually the document that triggers probate. Far from being a shortcut around the court, your will is the instruction sheet the Surrogate’s Court uses to distribute your
Yes — in New York you can disinherit almost anyone you choose, with one major exception: your surviving spouse. Under the New York Estates, Powers and Trusts Law (EPTL), you are generally free to leave your property to whomever you wish, and you may intentionally leave out children, siblings, parents, or more distant relatives. But a husband or wife you
Yes—you are legally allowed to write your own will in New York. There is no law requiring you to hire an attorney. But there is a critical catch that trips up many do-it-yourself testators: a will written entirely by hand is only valid if it satisfies the strict execution and attestation rules of New York’s Estates, Powers and Trusts Law