Before a single clause is drafted, the right plan requires the right advice. At Morgan Legal Group, Russel Morgan, Esq. leads every engagement as a consultant first — clarifying your goals, mapping fiduciary options, and identifying gaps — before recommending any document.
What a Consultative Approach Covers
A first session is diagnostic, not transactional. We examine:
- Asset structure — what passes under a will versus by operation of law
- Fiduciary fit — executor, trustee, and guardian selection based on your actual family dynamics
- Statutory exposure — your spouse’s right of election under EPTL § 5-1.1-A and how to plan around it
- Intestacy risk — what EPTL Article 4 distributes to next of kin if you die without a valid will
- Document sequencing — distinguishing your property will from a separate living will (health-care directive), which serves an entirely different purpose
New York Will Validity at a Glance
| Requirement | Authority |
|---|---|
| Testator signs at the end of the will | EPTL § 3-2.1 |
| Publication: testator declares it is their will | EPTL § 3-2.1 |
| Minimum two attesting witnesses, signing within one 30-day period | EPTL § 3-2.1 |
| Witnesses add their residence addresses | EPTL § 3-2.1 |
| Will admitted to Surrogate’s Court probate to take legal effect | NY Courts — Surrogate’s Court |
Execution details matter enormously; a single misstep can render a will invalid. See our will execution guide and codicils & amendments page for deeper coverage.
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Serving clients across New York City, Long Island, Westchester, the Hudson Valley, and Upstate New York.
Further reading from Morgan Legal Group: New York will execution requirements.