Estate Planning

No, New York does not recognize holographic (entirely handwritten and unwitnessed) wills.

A valid will in New York must be in writing, signed by the testator (or by another in the testator’s presence and at their direction), and witnessed by at least two people who sign within 30 days of each other and in the testator’s presence.

If you die without a will in New York, your estate is distributed according to state intestacy laws, which prioritize spouses and blood relatives — not friends, charities, or unmarried partners.

If you die intestate in New York with a spouse but no children, your spouse inherits your entire estate.

Yes, you can disinherit your children in New York by clearly stating your intent in a valid will—but you cannot disinherit a spouse, who has a legal right to an elective share.

Yes, marriage generally revokes a prior will in New York unless the will was made in contemplation of that marriage.

In New York, the surviving spouse is entitled to an elective share of $50,000 or one-third of the net estate — whichever is greater.

Yes, in New York, your spouse can claim a statutory 'elective share' of your estate—even if you disinherit them in your will.

Yes, you can create a revocable living trust in New York. New York law explicitly permits individuals to create trusts that they can amend or revoke during their lifetime.

A New York statutory short form power of attorney is a standardized legal document created by state law that allows an individual (principal) to appoint another person (agent) to handle financial and property matters, with specific protections and formal requirements.

A trustee in New York owes beneficiaries duties of loyalty, prudence, impartiality, transparency, and prudent administration — including investing trust assets as a 'prudent investor' and providing regular accountings.

Yes, a trustee in New York can be removed for mismanagement under the Estates, Powers and Trusts Law (EPTL) if they breach fiduciary duties, waste trust assets, or fail to perform required duties.

A power of attorney in New York becomes effective immediately upon signing and notarization, unless it is a 'springing' POA explicitly stating it takes effect only upon incapacity — but springing POAs are not permitted under current New York law.

Yes, you can amend your trust without going to court in New York if it is a revocable trust and you follow the amendment method specified in the trust document or New York law.

In New York, only individuals with 'standing'—such as distributees (heirs-at-law), beneficiaries named in a prior will, or creditors with valid claims—can contest a will.

Probate is the legal process in New York Surrogate's Court that validates a deceased person’s will and appoints an executor to manage and distribute the estate. It applies only to assets held solely in the decedent’s name without beneficiary designations or joint ownership.

In New York, a will can be contested on grounds including lack of testamentary capacity, undue influence, fraud, duress, or improper execution under EPTL § 3-2.1.

Yes, you can add a no-contest clause to your New York will, but it is only enforceable against beneficiaries who receive a 'substantial benefit' under the will and only if they directly challenge the will’s validity.

In New York, an executor’s commission is a statutory fee based on the value of the estate’s assets, calculated on a sliding scale: 5% on the first $100,000, 4% on the next $200,000, 3% on the next $700,000, 2.5% on the next $4,000,000, and 2% on any excess.

Yes, New York is an estate tax state. As of 2024, the estate tax exemption is $6,940,000 per person.

Small estate administration in New York is a simplified legal process for transferring a deceased person’s assets when the total value of probate property is $50,000 or less and there is no will (or the will doesn’t require full probate).

A health care proxy in New York is a legal document that lets you name someone to make health care decisions for you if you become unable to make them yourself.

In New York, digital assets are governed by the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), which allows executors and trustees to access, manage, or delete digital accounts based on the user’s online instructions or estate documents.

If a beneficiary named in your will dies before you, their gift generally lapses and passes as if they had disclaimed it—unless the will includes a substitute beneficiary or the anti-lapse statute applies.

Yes, you can designate a guardian for your minor children in your will under New York law, but the court must approve the appointment.