Warsaw, NY asked in Probate for New York

Q: What if a living will was signed and witnessed and notorized but not completely filled out, mussing some important info.

Two people are named, 1 to recieve 50%, the 2nd 30%, but the other 20 is not mentioned in the will. The 1st 2 people however are fully aware of what the wishes were for the remaining amount, due to many verbal conversations prior to death,and in agreement of it. It just is not there. The 1st person is actually the spouse of the deceased.

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1 Lawyer Answer
Benjamin Z. Katz
Benjamin Z. Katz
  • Probate Lawyer
  • New York, NY
  • Licensed in New York

A: Your question appears to be about a Will. A living will something different. However, usually if percentages fall short of the full amount, any mention of the residuary means whatever is left. See if the Will mentions “residuary” or “residual”.

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