Legal Question in Wills and Trusts in New York

Re: Handwritten Will

You are really asking 2 questions. 1. Can you will guardianship away from a biological parent and 2. Is a handwritten will valid?

Ans. #1, No. However, the Courts will always look toward the best interest of the child. The best way to handle this problem is to have the husband adopt the child. With adoption, consent must be obtained from the biological parent.

Ans. #2. Whether a will is typed or handwritten is irrelevent. For a will to be valid, it must be "published" and acknowledged by at least 2 disinterested witnesses. Normally, witnesses sign an affidavit when the will is signed, which is attached to the will. In other words, the manner by which a will is signed is just as important as the will itself.

Mike.