Wills and trusts for New York residents
Short answer: New York and Florida documents look alike but are signed differently and taxed differently. If you live in New York, or keep a New York home, your plan should be drafted to New York's rules even if it was first written in Florida.
What is different in New York
- A New York will must be signed at the end, declared to be your will, and witnessed by at least two witnesses within one 30-day period (EPTL 3-2.1). Attorney-supervised signings carry a presumption that the will was properly executed.
- A New York lifetime trust must be in writing and either notarized or signed before two witnesses; amendments follow the same formality (EPTL 7-1.17).
- Powers of attorney use New York's statutory short form, signed before a notary and two witnesses (GOL 5-1501B, 5-1513); the separate gifts rider was eliminated in 2021.
- Health care decisions use a health care proxy (Public Health Law 2981); Florida calls the same document a health care surrogate designation.
- A surviving spouse's elective share is the greater of $50,000 or one-third of the net estate, counting many non-probate transfers (EPTL 5-1.1-A).
- New York's Electronic Wills Act has been signed but is not yet in effect; until it is, wills are signed on paper.
Next step
Email the firm through the Contact page and tell us where you live, what you own in each state, and whether you already have documents.
This page is general information, not legal advice, and does not create an attorney-client relationship. Simani Law, PA is licensed in Florida and New York.