The New York Default
Last Will and Testament
This is the Last Will and Testament that New York State writes for someone who is married and has children. The statute assumes that you wish this to be your will if you don't actually have one.
First: I am a resident of New York State, being of sound mind and disposing memory, hereby accept this will to be my Last Will and Testament. I acknowledge that I have the right to write my own will, and specifically choose to let the New York State Legislature write it for me.
Second: I am aware that I can make alternate plans to dispose of my estate. I specifically waive this right.
Third: I understand that the law assumes that I am fully familiar with the provisions of EPTL-4-1.1, and it further assumes that I have carefully considered my options, and that I wish to exclude all family and friends not provided for in EPTL 4-1.1.
Fourth: I hereby give my spouse the sum of $50,000.
Fifth: I give one-half of the balance of my estate to my spouse, and one half to my children.
Sixth: I expressly waive the right to identify the names of my children. Instead, I prefer to let the court determine who my children are.
Seventh: I understand that I have the right to leave specific property to individuals of my choice. I specifically waive this right.
Eighth: Under existing tax law, I understand that there are ways under which I might be able to lower estate taxes and probate costs. I hereby to waive my right to engage in any kind of estate planning, as it is my desire that the government receive as large a portion of my estate as possible.
Ninth: I appoint my spouse as administrator to handle my estate. I understand that I have the right to nominate a backup administrator and specifically waive this right. Should my spouse die before me, I desire that the court shall nominate someone else to handle my estate, and that this person shall be paid from my estate.
Eleventh: I direct that my spouse file a bond to guarantee that he or she will not illegally steal estate funds. I further acknowledge that I have the option to waive this provision by making my own will and specifically choose not to do so.
Twelfth: I hereby direct that when my children reach the age of eighteen (18) years, they shall have the full rights to spend their respective shares of my estate as they wish. I understand that if I made my own will, I could place restrictions on how my estate will be spend, as well as making my children wait until they reach a different age of my choice. By not making my own will, I understand that it is assumed that it is my desire that no one shall have any right to question my children's actions on how they decide to spend their respective shares.
Thirteenth: Should my spouse predecease me or die while any of my children are minors, I do not wish to exercise my right to nominate a proposed guardian of my children. Rather than nominating a guardian for my children, I prefer to the Court to choose for me, and that this person be compensated from my estate.
I hereby agree that this is my Last Will and Testament, and that my signature is not required for it to be binding on me and my estate.
The article "The Default Last Will and Testament in New York" is provided as a free educational service by J. Douglas Barics, attorney at law, and does not constitute legal advice. Legal advice may only come from a qualified attorney who is familiar with the facts and circumstances of a specific case.
If you have any questions or comments, please feel free to contact Mr. Barics at firstname.lastname@example.org or (631) 864-2600. For more articles and information, please visit www.jdbar.com.
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J. Douglas Barics, Esq. – Divorce, family, matrimonial, trial and appeals lawyer in Long Island, New York.