Legal Question in Wills and Trusts in New York
Will, no signatures ?
Is a will legal if it contains no signatures? Just signature lines with names typed boht above and below the lines.
How long after probate and a testators death do you have to contest a will?
Thanks in advance.
2 Answers from Attorneys
Re: Will, no signatures ?
In NYS, a will is not a valid legal document unless it is signed by the testator, or for the testator, and two witnesses, period.
Re: Will, no signatures ?
What you describe is a conformed copy of a Will. It is not a Will and will not govern the distribution of the decedent's property.
It may be evidence of a lost Will; but that's another issue and quite complex.
The Surrogate's Court establishes a final date to contest a Will. If you are eligible to contest the Will, that is you gain financially from its rejection, you will receive notice from the proponent of the Will.
If you are eligble to receive notice and you were not actually served with notice then you can object, even if the Will has been probated; but this is tricky.
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