A lifetime gift is not treated as an advancement unless proven by a writing, contemporaneous with the gift, signed by the donor evidencing his intention was that the gift be treated as an advancement or the person receiving the gift acknowledged that such was the intention. The mere fact of a lifetime gift or even oral statement that an advancement was intended will not automatically create an advancement.

Yes. The adopted child’s share comes out of the other sibling’s share (this only works if the child was adopted after the will was executed).

The gift to former spouse is not valid.

Under New York law, a child born after the execution of a parent’s last Will is entitled to a portion of the estate as long as the child is neither provided for nor mentioned in the Will. This child is referred to as a pretermitted child.

In New York, the Simultaneous Death Act provides that where a married couple dies simultaneously, half of the marital estate is distributed as if the husband survived and half as if wife survived. However, if a Will was executed and a provision addresses this instance where a couple dies simultaneously, then the Will determines how each estate is distributed. For example, a husband may write into his will the following provision: “I give my entire estate to my spouse, provided she survives me by 30 days or 60 days. If …

Unless the Will states otherwise, under New York law mortgage on real property is debt that is so tied to real property that there is a presumption that the property goes subject to the mortgage. The beneficiary of real property inherits the property subject to the mortgage debt.

If a beneficiary does not survive the testator, the devise fails. All gifts made by the Will are subject to a requirement that the beneficiary survives the testator, unless the testator specifies otherwise. Despite this rule, New York law allows for certain bequests to “survive” to the next generation. This rule is referred to as the Anti-Lapse Statute. This provides that if the Will makes a gift to the testator’s children or siblings, and a beneficiary dies before then testator, then the descendants of the deceased beneficiary will inherit whatever …

If a Will includes a specific devise of an item of property, but the testator sells or gives the item away before death, the gift is said to have adeemed. An ademption may be of the whole or may be a part of a testamentary bequest or devise. If the whole bequest or devise is disposed of prior to death, the testamentary disposition is revoked.

In a probate proceeding, you can force a person to produce the will.

Under New York law a beneficiary or distributee is given the power to renounce or disclaim an interest that otherwise would pass to that person from the decedent or the decedent’s estate. Common motivations to disclaim are to reduce taxes or keep property from creditors. To be valid, the renunciation must be in writing, signed by the renouncing party, and acknowledged before a notary public. A disclaimer, once made, is irrevocable, meaning you cannot later change your mind.