New York Last Will and Testament Form

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New York Last Will and Testament: What Is It?

In the state of New York, a Last Will and Testament is a document written by a Testator (the person creating the Will) that clearly states what they wish to do with their belongings and assets once they pass away. Generally, Testator’s use these documents to pass or transfer their assets to their children, spouse, or close family friend, but can also be used to donate assets to charity and share specific wishes, such as special instructions during the last meal. In New York, this document must be signed by two witnesses within 30 days of one another, and they must each write their complete address beneath their signatures.

New York Last Will Laws

Definition of Will - § 1-2.19

Laws - Estates Powers and Trusts

Witnesses - According to Section 3-1.1, the Will must be signed by two (2) witnesses within a 30 day period and must include their addresses beneath their signatures.

How to Write a New York Last Will and Testament

Open your FormSwift template and enter the following information (your information):

  • Name and gender
  • City and county of residence

Your Marital Status:

  • Spouse’s name
  • Whether or not he or she will be named as a beneficiary

Children, Pets, Property, Life Insurance:

  • Children - State the name of each child, their living status, and whether or they will be named as beneficiaries in your Will
  • Pets - Include your pet names and descriptions
  • Property - Property locations (addresses)
  • Life Insurance information - Policy number, company name, contact information, etc.

Children’s inheritance:

  • Provide the amount or percentage of assets or property children will receive

Setting up a Trust:

  • State whether or not you’d like to set up a Trust for someone, perhaps someone who is disabled or someone who receives aid, such as Medicaid (setting up a Trust prevents any eligibility issues)

Set Age Specifications:

  • State what age your children must be to start receiving benefits
  • State what age your children must be when benefits will end
  • State the portion or percentage that will be received

Funeral Home Information:

Provide the following about the funeral home you’ve made arrangements with:

  • Name
  • Address

Last Meal Specifications:

  • List any specifications on the last meal after the funeral service

Name your Executor - this is the person charged with executing your will:

  • Name
  • Relation to you

Name your Trustee - this is the individual charged with distributing your assets out of your Trust (if your assets are set up in a Trust)

  • Name
  • Relation to you

Name your Digital Executor - this is the person who will distribute your digital assets:

  • Name
  • Relation to you

Appoint a guardian over minor children:

  • Name
  • Relation to you

Name other beneficiaries who you want to leave something to:

  • Name
  • Relation to you
  • What amount or percentage they will inherit

Disinheriting someone - if there is someone who you no longer wish to receive an inheritance after you pass, perhaps someone named in a previous Will, provide their information below:

  • Name
  • Relation to you

Witnesses - Provide the following information for each witness - Remember that in New York, witnesses must sign within a 30-day period:

  • Name
  • Relation to you
  • Address (including city, state, and zip)
  • Telephone number

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