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N Cal Attorney
N Cal Attorney, Attorney
Category: Estate Law
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Experience:  Since 1983
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Will--If I want to write a will and have it be legal--without

Resolved Question:

Will--If I want to write a will and have it be legal--without an atty. How can I make sure it is legal if I hand write it myself?
Submitted: 1 year ago.
Category: Estate Law
Expert:  N Cal Attorney replied 1 year ago.

NY only enforces handwritten wills that were not witnessed in very limited situations, see

http://codes.lp.findlaw.com/nycode/EPT/3/2/3-2.2

 

There is a simple Will form you can use as a model posted at

http://www.rurallawcenter.org/docs/Writing%20Your%20Will(1).pdf

but you will need two witnesses (who are not beneficiaries of the Will) to witness you signing it. Other Will forms for NY are available from

http://www.uslegalforms.com/wills/new-york-will-forms.htm

 

You can appoint an agent to make health care decisions if you become unconscious using the NEW YORK LIVING WILL form posted at

http://www.nysba.org/Content/NavigationMenu/PublicResources/LivingWillHealthCareProxyForms/LivingWillEnglish.pdf

or the Health Care Proxy form posted at

http://www.health.ny.gov/forms/doh-1430.pdf

 

 

I have assumed that you live in NY because of your screen name. Please correct me if I am mistaken about that, because other states do allow un-witnessed handwritten wills, and some states have statutory form wills.

 

After it has been signed and witnessed, the Will is usually given to the person named to be Executor. The Living Will is usually given to the agent for health care decisions with a copy given to each of your health care providers so it will be on file if it is needed on short notice.

 

I hope this information is helpful.

N Cal Attorney, Attorney
Category: Estate Law
Satisfied Customers: 8079
Experience: Since 1983
N Cal Attorney and 6 other Estate Law Specialists are ready to help you
Expert:  N Cal Attorney replied 1 year ago.
Thank you for accepting my answer.

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