Legal Question in Wills and Trusts in New York

Re: will

A will must be witnessed by two disinterested individuals. If your mom signed as a witness and there are two other individuals, the Will may still be valid.

If the Will is invalid, then the Intestacy laws apply. Under NY EPTL 4-1.1, if the decedent is survived by a spouse and issue (children), �fifty thousand dollars and one-half of the residue to the spouse, and the balance thereof to the issue by representation.�

Mike.

Re: will

I agree with almost all that Mike wrote, but add that in many states an heir/beneficiary can be one of the witnesses, so the fact that your Mom was a witness may not invalidate the Will. Only if the Will is ruled by a Court to be invalid, and someone has to initiate this type of litigation, ususally within a limited time of the original Will being probated, does the intestacy law come into effect. Check your local probate rules on who may be a witness (either on line or by calling the Surrogate) and if there is a question, you can file the proceeding (caveat to a Will), if you are still within time. One last comment: if the Will contains an "in terrerum" clause, a clause that says that any heir that contests the Will is automatically disinherited, you may not be able to benefit. Keep in mind that parents do not have to include their children if they have a surviving spouse (especially if that spouse is the parent of their children), so leaving everything to Mom is not unusual or prohibited, regardless of the value of the estate. By the way, you should have been notified of the probate and given a copy of the Will. You can see it at the Surrogate's office or get a copy for a small fee.