Legal Question in Wills and Trusts in New York

Is a form for a last testament and will legal without an attorney drawing it up. Can I use a form and have it witnessed by neighbors (not related) and it will stand up in New York court. I have a special needs adult child who receives government disability and medicaid (health insurance) whom I like to provide for. I plan to mention this adult child in my will plus her siblings - one of whom will be executor of estate. My husband & I own a home and have small savings.


Asked on 9/08/10, 10:08 am

2 Answers from Attorneys
Walter LeVine Walter D. LeVine, Esq.

If the form is completed properly, follows all of the rules for signatures, witnesses and notorization it should be good. Most states have specific language they need to see, especially in the self-proving part, so while you can use a legal form, it is best to use an attorney familiar with all of the requirements, even if it costs a few dollars more. I also suggest that an attorney familiar with special needs requirements be used, so you do not accidently do something that may cause problems with benefits the child is receiving.

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Answered on 9/13/10, 10:22 am
David Leon David L. Leon, P.C.

Don't do this on your own, especially if you have someone receiving governmental benefits. Hire an attorney to make sure you (1) don't mess up the will itself and (2) make sure you don't mess up the governmental benefits for the recipient. Hire a lawyer who does Medicaid planning. You'll want to ask about using a special needs trust or probably a Miller (QIT) trust.

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Answered on 9/13/10, 11:36 am


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