Legal Question in Wills and Trusts in New York

Re: special inclusions

I would need more information. However, generally the Will should mention what is called the "marital deduction". Its also a good idea - depending the on age of your children - to place their money into a trust so that their creditors may not be able to attach the money and to insure that the money is used wisely. You will also want to have a provision that appoints a guardian for the children if both you and your wife die; if you don't the court will make the decision for you.

Re: special inclusions

I agree with Frank that much more information is needed to provide a proper response. Is this first marriage, whose children are involved, value of all assets, ages of the children, possible special needs situations, etc. If the estate is larger than $675,000 (total assets) special planning may be required to avoid or minimize possible death taxes, and more documents might be recommended, like a trust. I recommend to my clients, depending upon size of the estate, that they each have a Will, Living Wills, Powers of Attorney and, if needed for any reason (death taxes special needs, etc.), a trust agreement.