Legal Question in Wills and Trusts in New York

Can a husband and wife with no children have separate Wills ?

Scenario: ( New York )

If, you CAN have separate Wills;

Husband passes before the wife.

His Will provides for 50% of his assets to be passed to his Nephews.

The Wife's Will provides for all assets to be spread among all relatives.

This distribution would favor the wife's family as she has many more relatives.

Upon his death which WILL presides ?


Asked on 8/23/11, 7:35 am

1 Answer from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Traditionally, each spouse has their own Will. Usually this is coordinated so the "family" ideas of who inherits prevails, regardless of who dies first and who survives and dies later. Will of first to die covers that person's assets and Will of second to die disposes of what's left. If the concept is to treat each of your families equally, regardless of size, perhaps a trust under the Will might accomplish this. I suggest contacting an attorney, like myself, familiar with these concepts, working out an overall family plan which sets forth what you want to happen, regardless of who dies first or second, and appropriate documents can then be prepared. This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship.

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Answered on 8/23/11, 8:34 am


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