Legal Question in Wills and Trusts in New York

witness of a will

Can an executor of a will sign as one of the two witnesses?


Asked on 12/17/07, 11:02 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: witness of a will

Generally, it is not a good idea to have an executor of a will sign as one of the two witnesses.

However, in Estate of Fracht, 405 N.Y.S.2d 222 (1978), the Court held that an executor may be witness without forfeiting his commission.

Mike.

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Answered on 12/18/07, 1:58 pm


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