Legal Question in Wills and Trusts in New York

No will

We are a married couple residing in New York State. If one of us passes away before the other, are all our possessions (property, home, vehicles, furnishings) assumed willed to the other, even if there is no will.

Also, if there is an "informal" written will, is it binding if signed by both parties and notarized by a notary public.


Asked on 2/08/00, 2:55 pm

1 Answer from Attorneys
Daniel Clement Law Offices of Daniel Clement

Re: No will

There is no such thing as an informal will. Either you have will or you do not. It is certainly (and far cheaper) to die with a will than without. For instance, if you die without a will, a bond need be posted.

If you die, without a will, and you are survived by your spouse only, he gets everything. If you have children, the property gets split between them and your spouse.

I suggest you contact an attorney and havew a will prepared for you.

Daniel Clemen

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Answered on 2/09/00, 4:42 pm


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