Legal Question in Wills and Trusts in New York

Wills for US citizens resident abroad

I am a US citizen, divorced and not remarried, living and resident in Spain. I am not currently resident in any US state. I wish to make a will covering my US assets which are in NY state. Do I have to have a NY state will or is there a type of will which is more general? Where will it be probated? Are there any particular problems which I should be aware of due to my situation? I have 3 children living in the US who are my beneficiaries and one of them, a son living in Massachusetts, is to be my executor. Is there any problem with this?


Asked on 2/10/02, 4:44 am

1 Answer from Attorneys
Norman Nadel Norman Nadel, Esq.

Re: Wills for US citizens resident abroad

New York will recognize and implement the provisions of a valid Spanish Will, or in fact, any Will that is validly executed under the law where the signing takes place.

A Massachusetts resident can act as the Executor in New York.

You might want a New York lawyer review the portion of your Will relating to the property in New York.

An alternative is to place the New York property in a a revocable trust which will have the same distribution provisions as your Will. This arrangement will avoid probate in New York. You can revoke or amend this document at any time.

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Answered on 2/10/02, 11:55 am


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