Question 1

What happens if a spouse or family member dies without a last will?

Accepted Answer

If a spouse or family member dies without executing a last will, or if the will was not properly drafted, the decedent is deemed to have died intestate. In this case, the rules of intestate succession will apply, which vary from state to state.

Question 2

What is the importance of a last will?

Accepted Answer

A last will is essential for all individuals and families, especially those with small children. In addition to naming an executor and beneficiaries, a will can be used to designate a guardian for one's small children.

Question 3

What are the requirements for a valid last will?

Accepted Answer

A last will must have two disinterested parties as witnesses. If one of the witnesses is also a beneficiary, that beneficiary's bequest will be disallowed.

Question 4

Does New York recognize common law marriage?

Accepted Answer

No, New York state does not recognize common law marriage, no matter how long people live together. Therefore, a common law spouse will not inherit from their partner if there is no last will in place.

The Law Office of Jeffrey L. Weinstein

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Frequently Asked Questions about The Law Office of Jeffrey L. Weinstein

What happens if a spouse or family member dies without a last will?

What is the importance of a last will?

What are the requirements for a valid last will?

Does New York recognize common law marriage?

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