Last year, we wrote about a bill awaiting Governor Hochul’s signature that would legalize “E-Wills” in New York. The bill, dubbed the Electronic Wills Act (the “EWA” or “Act” herein), was primarily based on the Uniform Electronic Wills Act, which has been adopted by several states and territories. Since our last post, the Governor has … Read more
The legalization of Electronic Wills or “E-Wills” is coming closer to happening in New York. On April 11, 2025, a bill was proposed by Chantel Jackson, Nader Sayegh, Mary Jane Shimsky and Karen McMahon of the New York State Assembly to implement the integration of E-Wills into New York Law. The bill is Assembly Bill … Read more
If you have multiple children, it is not uncommon to consider appointing more than one to act as co-executors of your will. As co-executors, they would manage estate affairs together. In some cases, this is a great decision while in others, it can lead to unintended consequences. If you want to name co-executors, it is … Read more
An estate plan is more than just a term for end-of-life planning. It encompasses many decisions that can affect you during your life as well. While all of us would like to live a long and healthy life, the unfortunate reality is that people in the United States have a higher chance of dying before … Read more
It’s not unusual for individuals who are left out of a family member’s or friend’s will to challenge the will on the grounds of undue influence or lack of testamentary capacity. However, as demonstrated in a recent decision of the New York Appellate Division, it can be difficult to prove your case. The decision highlights … Read more
Adults can provide instructions in their will regarding disposition of their remains or designate a person in their will who will make that decision. However, many people die without a will. In that situation, who decides what happens to your body when you die? Who Decides How Your Remains Are Disposed of When You Die … Read more
When developing your estate plan, it is important to provide your lawyer with information on all of your financial assets. This is because executing a will is not sufficient to dispose of certain assets, known as “non-probate assets.” Such assets are not controlled by the terms of your will but must be considered in your … Read more
Planning for death or incapacity can be an intimidating task for anyone. However, if you identify as an LGBTQIA+ individual, you may have additional considerations when it comes to protecting yourself, your partner and your family. As a result, it is important to consult with an attorney to discuss your wishes and help ensure that … Read more
A handwritten (or holographic) will is not enforceable in all states. However, in certain circumstances, the will may still be probated in a state which does not recognize handwritten wills provided certain requirements are met. A recent New York appellate court decision addressed this issue in the Matter of Noichl. In states that recognize holographic … Read more