Who can make a last will and testament?

In New York, anyone who is 18 or older and of sound mind and memory can make one. You sign it, and two witnesses sign it as well. Pick witnesses who will not inherit anything. A notary is not required, but a notarized affidavit can speed up probate.

Will and Testaments

Q: What is a last will & testament?

A last will and testament is a legal document that says what happens to your property after you die. It can also name an executor and a guardian for your children. In New York, it must be written, signed, and witnessed to be valid. Without one, state law decides who inherits.

Q: Can I copy and revise a last will & testament?

You can use wills and testament forms as a starting point. But copying someone else's will rarely fits your family or property. To change a signed will, you generally need a codicil or a new will. Both must be signed and witnessed again. A lawyer can make sure the final version is valid.

Do you have a Will?

Wills and Last Testament

Wills and last testament planning is how you protect the people you love. It allows you to put your wishes in writing, so your family knows exactly what you want. Without a will, New York law decides who inherits. Your plan should fit your real life.

Thinking about what happens after you’re gone isn’t easy, but having a plan can bring peace of mind. Taking these steps now can help your loved ones avoid unnecessary confusion, disagreements, and added stress during an already difficult time.

At Brooklyn Family & Divorce Lawyer MKB, you work directly with Mary Katherine Brown. We help families in Brooklyn and Manhattan plan with clarity and care. Whether you are newly married, going through a divorce, or raising children, we will guide you through each step in plain language.

How a Last Wills and Testament Work

A will is a set of written instructions. The Surrogate’s Court then oversees probate, which confirms the will is valid. Here are the key terms.

Term	What It Means
Testator	The person who makes the will
Beneficiary	Someone who receives property
Executor	The person who carries out the will
Guardian	The person who raises your minor children

Knowing these terms helps you decide what you want before you meet a lawyer. Each choice affects your family for years.

Hiring a Last Will and Testament Lawyer in New York

An attorney does more than fill in blanks. Mary Katherine Brown can serve as your attorney from the first call to the final signing. She can help you:

Draft a new will that fits your family
Review or update an older will
Name a guardian for your minor children
Choose an executor and a backup
Coordinate your will with a divorce or custody plan

Each step is explained in plain language before you decide anything. You stay in control of every choice.

Wills and Last Testament Planning During a Divorce or Separation

Family changes often make people rethink their will. A divorce can leave your old will out of step with your life. In New York, divorce generally cancels gifts to a former spouse. Still, you should update the rest of your plan.

Spouses in a legal separation are still married, so old wills may still name each other. Child custody and child support matters often shape who you name as guardian. A prenuptial or postnuptial agreement should also match your will. Our firm can help you connect these pieces.

Choosing the Best Wills and Testament Lawyers Near Me

Many people search for the best lawyer near me and feel unsure where to start. Look for someone who listens and answers questions clearly. Ask about experience and how often you will hear from the attorney. Ask about fees upfront so there are no surprises.

Mary Katherine Brown offers flexible scheduling for busy families. You can meet in person or by webcam. We make it easy to find a time that works for you. Choose a lawyer you feel comfortable talking to.

What a New York Will and Testament Lawyer Does for You

A lawyer handles the legal details so you can focus on your family. That includes listening to your goals and reviewing what you own. Your attorney then drafts the will and explains each clause. She also makes sure it is signed and witnessed correctly.

Mary Katherine Brown has practiced family law since 2000. She keeps you informed and tells you plainly what to expect.

What New York Law Requires for a Valid Wills and Last Testament

New York keeps the basics simple. A valid will generally needs these things:

You are at least 18 years old
You are of sound mind and memory
The will is in writing and signed
Two witnesses sign within 30 days
You tell each witness it is your will

Notarization is not required for validity. A notarized affidavit can speed up probate later. You can read the rule in EPTL § 3-1.1. The New York City Bar also explains the basics in plain language.

What the Court Looks at When Reviewing a Will

After you pass away, the Surrogate’s Court usually reviews the wills and testament forms. Judges may look at:

Whether it was signed and witnessed correctly
If you were of sound mind when signing
Whether anyone pressured or tricked you
Whether a witness also receives a gift

A gift to a witness is generally void unless two other disinterested witnesses signed. Handwritten or spoken wishes generally do not count.

Careful drafting helps prevent disputes among relatives later. Every case turns on its own facts. A wills and testament attorney helps you avoid these problems from the start.

Steps to Take Before You Draft Your Will

A little preparation makes the process smoother. Start with these steps:

List what you own, including your home, accounts, and keepsakes.
Decide who should receive each item.
Choose an executor and a backup.
Pick a guardian if you have minor children.
Schedule a consultation early.

Bring any older wills or related documents to your meeting. Review your will after any big change, such as a marriage, birth, or divorce. An organized start helps your will and testament lawyer build a plan that fits your family.

Protecting the People You Love

Planning your will is a gift to your family. Brooklyn Family & Divorce Lawyer MKB is here to listen and explain your options without pressure.

Whether you want a simple will or a detailed plan, you will know where you stand. A clear set of documents can spare your loved ones stress later.

Mary Katherine Brown will review your goals and answer your questions. There is no pressure to move faster than you are ready. When you are ready, call (718) 878-6886 or visit our contact page to schedule a consultation.

Frequently Asked Questions

What is a last will & testament?

It is a written legal document. It explains who receives your property after you die. It can also name an executor and a guardian for your minor children. In New York, it must be signed and witnessed to be valid.

Who can make a will and testament?

In New York, anyone who is at least 18 and of sound mind and memory can make one. The will must be written, signed, and witnessed by two people. Choose witnesses who are not beneficiaries.

Can I copy and revise a last will & testament?

You can use wills and testament forms as a starting point. Copying someone else’s will rarely fits your property or family. Changes to a signed will generally need a codicil or a new will. Both must be signed and witnessed again. A lawyer can check that your final document is valid.

Learn More

Contact Us today

It’s time to address this issue, before it is literally too late. Please write us to ask your questions and to arrange for an appointment today. If you’re already well organized and you’d like to provide the information we’ll need to prepare your documents right away, log on to our Online Legal Affairs Center to review the entire category of Last Will & Testament questionnaires, or choose from selected forms listed below. You’ll be able to return back and forth to your document as you provide relevant information. Our staff will respond to your submissions or questions as soon as possible, and schedule a meeting with Attorney Brown right away: