The short answer: a will (a “last will and testament”) is a property document that takes effect only at your death and directs who inherits your assets, while a living will is a health-care document that takes effect while you are still alive but unable to communicate, telling doctors and family what medical and end-of-life treatment you do — and
A will is invalid in New York when it fails to satisfy the strict execution and attestation requirements of New York Estates, Powers and Trusts Law (EPTL) §3-2.1 — most commonly because it was signed by too few witnesses, was not signed at the end by the testator, was never properly declared (published) as the testator’s will, or was tainted
If you marry, divorce, or welcome a new child in New York, you should review and update your will promptly, because each of these life events changes who inherits, who has rights you cannot easily override, and who should be in charge of your estate. A will is not a “set it and forget it” document. It takes effect only
To choose an executor for your New York will, name a trustworthy, organized, and financially responsible person (or institution) who is legally eligible to serve, willing to accept the role, and ideally a New York resident — then confirm your selection inside a will that is properly drafted and executed under New York Estates, Powers and Trusts Law (EPTL) §3-2.1.
No — a will does not avoid probate in New York. In fact, a Last Will and Testament is the very document that triggers probate. Under New York law, a will takes legal effect only upon the testator’s death, and before its instructions can be carried out, it must be filed with and admitted to probate in the Surrogate’s Court
Yes — you can disinherit most people in a New York will, but you cannot fully disinherit your surviving spouse. Under New York law, you are free to leave your property to whomever you choose: you may cut out an adult child, a sibling, a parent, or any other relative simply by leaving them nothing or naming someone else. The