For this reason, many people have a lawyer draw up their Will. However, your Will has to follow certain prescribed formalities or it may not be legally binding. You do not need a lawyer to write your Will for you. If it seems that you did not mean to disinherit an adult child, then that person has the right to contest your Will in court. It is perfectly legal to disinherit (not leave anything to) someone over the age of 18. A surviving spouse has the legal right to claim in court a part of your estate even if your Will says otherwise. New York State protects spouses and minor children from being left nothing in a Will under most circumstances. In this case, without a Will, your partner will, in all probability, not inherit anything.ĭo I have to leave something to my Spouse and Children? If you are not married in the eyes of the law or live in a 'non-traditional relationship' and do not have a valid Will, your partner will not inherit under New York State's laws of intestacy. In addition, a Will allows you to give specific things to people of your choice. If there are none of these surviving, other members of your family may become entitled to part or all of your estate.Īlso, if there is no will, a Court may decide who will care for your children and their property if the other parent is not able to care for them or is unavailable. New York divides your estate among a spouse and minor children. If you die without a Will, you die 'intestate' and the State of New York has codified into the law specific divisions of your estate when you die without a Will that may not conform to your wishes. Why Might I Need a Last Will and Testament?

Does a will have to be notarized in nys