Legal Question in Wills and Trusts in New York

When is a will legal?

I am 18 years old and feel it necessary to have a will. I have typed it and had a friend of mine witness my signature, then she signed it as well. Is this now legally binding?


Asked on 11/11/01, 7:52 pm

2 Answers from Attorneys

Bernard Greenberg KOKISH & GOLDMANIS, P.C.

Re: When is a will legal?

Since the Will is not a holographic Will and since you may not have satisfied the statutory guidelines for a non-holographic Will, there is no assurance that the document that you describe is a valid Will.

You should consult with an experienced trusts and estates lawyer about the document in question, or to obtain a valid Will.

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Answered on 11/12/01, 10:51 am
Louise Aron Attorney at Law

Valid Will

Louise Aron

Attorney at Law

Lakewood Office:

1536 South Ingalls

Lakewood, Colorado 80232 USA

(303) 922 7687

fax (303) 922-1370

Cherry Creek Office:

300 South Jackson #100

Denver, Colorado 80209 USA

(303) 780-7339

Satellite offices:

Boulder - 4450 Arapahoe Avenue, #100

DTC - 4610 South Ulster, #150

A TOLL FREE NUMBER is available to clients outside the Denver metro area.

My web site http://effectnet.com/la/

My email: [email protected]

LawGuru User

Dear LawGuru User:

One statutory form of verbiage and execution is given the greatest weight under Colorado law. I recommend that you use that form with the advice and assistance of an attorney.

The problem with doing a will yourself is that you may not have said what you think you've said. A "store bought" or downloaded form which is not properly or completely filled out and executed, which contains errors, or which overlooks certain assets, circumstances or eventualities can cause more problems after death than were solved by the do-it-yourself approach.

I was involved in a case which took 3 years and many, many thousands of dollars to resolve because a testator had not wanted to spend the money to have a will prepared by an attorney. The testator's wishes were not honored after his death because he had not obtained the advice of an attorney about how to properly implement his plan.

Thank you for using LawGuru.

Sincerely,

Louise Aron

Attorney at Law

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Answered on 11/12/01, 12:12 pm


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