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Is my will made and executed in N. Y. valid in Vermont as well?

Is my will made and executed in N. Y. valid in Vermont as well?

Full question:

I lived in N.Y. for about 25 years and in that time I made a will per the laws prevailing in N.Y. Now I live in Vermont with my wife and kids. Is my will made and executed in N. Y. valid in Vermont as well?

Category: Wills and Estates
Date: 04/07/2025
State: Vermont

Answer:

A will made outside Vermont, in conformity with the laws of the state where it is made, may be valid only if it is in writing and signed by the testator. The relevant statutory provision in this regard is stated below.

14 V.S.A. § 112 reads:

“A last will and testament executed without this state in the mode prescribed by the law, either of the place where executed or of the testator's domicile, shall be deemed to be legally executed and shall be of the same force and effect as if executed in the mode prescribed by the laws of this state, provided that such last will and testament is in writing and subscribed by the testator.”

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Is spouse entitled to half of inheritance in NY?

In New York, a spouse is not automatically entitled to half of an inheritance. However, if a person dies without a will (intestate), the surviving spouse may inherit a significant portion of the estate, depending on whether there are children or other heirs. If there is a valid will, the distribution will follow the terms set forth in that document. It's important to review the will and consult with an attorney for specific circumstances.

What are the rules for spousal inheritance in NY?

In New York, spousal inheritance rules depend on whether there is a will. If a spouse dies intestate, the surviving spouse inherits the entire estate if there are no children. If there are children, the spouse receives the first $50,000 plus half of the remaining estate. If there is a will, the distribution follows the terms specified in that document, which may or may not provide for the spouse.

Does marriage override a will in New York?

In New York, marriage does not automatically override a will. However, if a person gets married after creating a will, the spouse may have certain rights under state law. Specifically, a surviving spouse can claim an elective share, which is a percentage of the deceased spouse's estate, regardless of the will's terms. It's advisable to update your will after marriage to reflect your wishes.

What makes a will invalid in New York?

A will can be deemed invalid in New York for several reasons, including lack of proper execution (not signed by the testator and two witnesses), absence of testamentary capacity, or undue influence. Additionally, if the testator revokes the will or if it fails to meet legal requirements, it may be considered invalid. It's essential to follow the legal formalities to ensure a will's validity.

What are the rights of wife in inheritance?

In New York, a wife has specific rights regarding inheritance. If her husband dies intestate, she is entitled to a significant portion of his estate, depending on whether there are children. If there is a will, she may have rights to an elective share, which allows her to claim a portion of the estate even if the will does not provide for her. Reviewing both state laws and the will is crucial for understanding her rights.

What is the spousal inheritance law in New York state?

The spousal inheritance law in New York allows a surviving spouse to inherit a portion of the deceased spouse's estate. If there is no will, the spouse inherits the entire estate if there are no children, or a portion if there are children. Under New York law, the surviving spouse can also claim an elective share, which is typically one-third of the estate, regardless of the will's provisions. Consulting with an attorney is recommended for specific situations.