Legal Question in Wills and Trusts in New York
When would I have to sign someones will? My step-mother wants to sign her and my father's will(who's not well) because she says, to make me and my step brother the executors of her and my father's wills(plural). I'm not trusting of this request. Especially that she hasn't been nice to me. She says, it's just a formality. Please advise.
2 Answers from Attorneys
You would never have to sign another individual's will unless you were a witness. However, a witness must not be receiving any benefits to the will. If your father wants to make you an executor, you would not be signing his will.
Mike.
As my colleague advises you, there is no good reason to sign somebody else's will, except as a subscribing witness, and witnesses usually will not be able to inherit. I can't tell you what is in your stepmother's mind or her motivation for her rather odd request. Even if one is named as executor in the will, that does not impose any obligation (or, for that matter, does not serve as a valid reason) to sign the will of another person.
What I can tell you, however, is that what your stepmother regards as a "formality" is a thoroughly unnecessary step.
Good luck to you.
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