Have you spent any time even thinking about a will? Have you planned anything for your funeral or cremation? Have you even mentioned to a loved one that you might want to donate your organs? Or are you vehemently against organ donation? Either way, you need to make your feelings/wishes known.

The way to go about making your wishes known is to sit down and make sure you get all of that information put into a document called "Last Will and Testament." There are many ways to prepare one of these documents, including paying a lawyer to prepare them for you.

What are the different kinds of wills, and are they legal in New York State?

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There are many different kinds of wills, for instance, here are just a few: Simple Will, Living Will, Joint Will, and Testamentary Trust. There is also one called a Holographic Will. What is a Holographic Will and since they can be a bit contentious, are they legal (will they hold up in court) in New York State?

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What is a Holographic Will and are they legal in New York State?

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A Holographic Will is one that is simply your wishes that you have written down on a piece of paper and that it has not been witnessed or notarized. But, are they legal in New York? Yes and no.

Please note that the best legal advice is the one that your lawyer gives you. Yes, under certain circumstances a Holographic Will is legal. The entire document must be handwritten and the person who wrote it must have been of sound body and mind. The persons who can make one of these documents are members of the active duty military or one who is a mariner. A mariner is a person who works on boats and is often out to sea because of work.

Can you take the handwritten will and get it notarized?

Yes, but without the representation of a legal professional, there is still a chance that this will is not going to be recognized as legal in the eyes of New York State courts. Remember, speak to a legal professional or lawyer.

 

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