Legal Question in Wills and Trusts in New York
Validity of a will
My friend passed away before having the chance to make a formal will. She did leave hand written notes on who she wants the executrix to be and who should get what. Will this hand written note be considered by the court? She doesn't have any family and she has a sizeable asset? What will happen to her property?
2 Answers from Attorneys
Re: Validity of a will
The notes you describe will not be recognized as a Will. The statute specifies the elements required for a document to be a Will. It must be signed at the end by the testator and the signature witnessed by at least 2 individuals.
The property is distributed under the statute dealing with intestacy (death without a Will). Family members in a specified order get the property.
Re: Validity of a will
There is the possibility that the writings
may constitute a holographic will and be
admitted to probate. This would depend upon
the nature and contents of the note.
Absent this, the intestacy laws are very
specific about who inherits what, and it
is highly unlikely (not impossible) that there
are no statutory heirs.
You may call 716-235-2560 to further discuss
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