What is a will?
A will is a legal document that disposes of your personal and real property pursuant to your wishes upon your death.

A will must be in writing to be valid. The will makes dispositions of property and directs how property should not be distrusted. A will appoints a person to take care of your property and dispose of it as you wish; this is a fiduciary (executor). A will only takes effect upon your death. A person may change their will at any time to conform to changing circumstances in their life. The fact of the matter is that the last will you write is the one that will be followed.


What are the legal requirements for a will to be valid?
1. It must be in writing.
2. It must be published, meaning that the decedent must “state to the witnesses that this is his/her last will”.
3. A person must be at least 18 years of age to create a will for themselves.
4. A will must have testamentary effect (operates as a will)
5. A decedent must sign the last page of the will.
6. A will must be witnessed by two non-interested parties (persons not receiving anything under any provision of the will).
7. Although not require by law, each page of a will should be initialed.


In New York State (hereinafter “NYS”) the manner in which your personal and real property will be disbursed upon your death is codified under New York Estates, Powers and Trust Law (hereinafter “EPTL”). If a decedent (one who has past away) leaves no will, there is no will to be probated, or if the will did not completely dipose of the persons assets that persons remaining property would be distributed under the laws of intestate succession (by law; not will). If a person dies without a will his/her heirs must apply for Letters of Administration in order for the decedent’s assets to pass to his/her heirs at law.

What happens if someone dies without a Will?

Intestate distribution pursuant to NYS law is necessary to determine who are the surviving family members pursuant to the EPTL which divide the property according to their relationship to the deceased. If the decedent is married at the time of death and has one child the first $50,000.00, plus one-half of the remainder of the estate goes to the surviving spouse. The remaining half of the property is divided between children or their surviving issues (children). If the decedent has no children everything will pass to his/her surviving spouse. If the decedent had more then one child survive, a third of the assets goes to the surviving spouse and two thirds goes to the children.

What happens if I am not married but want to leave my property to my companion?

Many older people these days have gone through a marriage and divorce and have now met a new person who they wish to share their life with but do not feel the need to get married. In this situation, your surviving partner will not inherit intestate if you do not have a will. The only way to be sure that your surviving partner will be able to obtain your probatable property is by naming them as a beneficiary in a proper Last Will and Testament.

What if both my spouse and I die simultaneously?

Under the Uniform Simultaneous Death Act property passes as if the property of each spouse is distributed as if he/she survived the other. This is only a factor when the title of the property depends on the priority of death.

If you do not want your property to be disposed of pursuant to the NYS EPTL you should have a will drawn up by an attorney authorized to practice law in the State of New York.

Other Forms to consider:

Health Care Proxy: a health care proxy appoints someone to act for you and informs the medical facility to either keep you alive or not if you should go into a state such as a coma and are unable to make your own decisions. A health care proxy allows you to tell your medical provider that you do or do not want such measures as artificial hydration and nutrition administered to you in a coma like condition.

HIPPA Release: a HIPPA release form allows persons close to you to have access to your medical records. The hospital, doctor, or emergency care provider will not provide you with medical records without a HIPPA release form.