Legal Question in Wills and Trusts in New York

I live in NY. Can I have a non-NY lawyer write my will and trust?


Asked on 9/13/09, 8:47 am

2 Answers from Attorneys

Norman Nadel Norman Nadel, Esq.

Yes, but the out-of-state lawyer could be punished if he expresses an opinion on New York law. In these circumstances, many out-of-state lawyers request that the will be reviewed by a New York lawyer before it is executed.

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Answered on 9/18/09, 9:18 am
Michael Markowitz Michael A. Markowitz, PC

When you write "non-NY lawyer", do you mean a lawyer that is not licensed to practice law in New York?

If you plan on living in New York and the will is to be probated in New York, then it is my opinion that the individual is practicing law in NY without a license. If you plan on living in the State where the individual is drafting the will, and the will reflects the law in the new State, then it is my opinion that the lawyer is doing nothing wrong.

Mike.

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Answered on 9/18/09, 9:23 am


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