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Research Guide on Wills: With Special Emphasis on New York: FORMS AND DRAFTING GUIDANCE

This Research guide will discuss the laws of wills and decedent's estates in New York and also contain a general discussion on the laws of wills and the Uniform Probate Code.

FORMS & DRAFTING

Bender’s Forms  For The Civil Practice.  Oscar Le Roy Warren, Gloria C. Markuson, and Joseph J. O’Connell. KFN5995 .A65. Volumes 30-37 cover the Surrogate’s Court Procedure Act. There is a table of cases and an index in Volume 37. The Estates Powers and Trust Law is in Volumes 39 and 40 with a table of cases and an index appearing at the end of Volume 40. All forms are keyed to the appropriate statute. This is searchable on Lexis under the file name (BFCPES) or you can follow the path: Legal>Area of Law-By Topic> Estates, Gifts & Trusts> Search Analysis, Law Reviews and Journals>By State>New York>Bender’s Forms for Civil Practice: Estate &Probate (Volumes 30 to 40).

Drafting New York Wills Laws and Forms.   Harold D. Klipstein and Ira Mark Bloom. KFN5201 .K55. This is a practice handbook and contains drafting guidance and checklists. The index, table of cases and table of statutes are in Volume 2. There is a complete synopsis at the beginning of each chapter. Will clauses are accompanied by a discussion of the appropriate statute. This can be searched on Lexis under the file name (NYWILL) or by following the path: Legal>Area of Law-By Topic>Estates, Gifts & Trusts>Search Analysis, Law Reviews & Journals>By State> New York>Drafting New York Wills: Laws & Forms.

New York Forms Legal & Business. Stephanie M. Zeller. KFN5068 .N4. This is a multivolume work which is designed for the practitioner in New York State. Chapter 24 contains forms for use in drafting and executing wills and codicils and has a discussion of legal principles and tax considerations. Chapter 25 deals with the law of trusts and contains the forms for use in creating and administering inter-vivos and testamentary trusts. Chapter 26 contains the forms for use when drafting all types of gifts. All chapters include a discussion of legal principals, tax aspects and checklists that should be used when drafting such instruments. Each chapter contains a Table of Laws and Rules, Correlation Table and index. This can be searched on Westlaw (NY-EPPLF) and can easily be found in the New York Tab under Forms, Treatises, CLE’s & Other Practice Materials.

New York Lawyer’s Formbook. KFN5068 .N49. This book is for the practitioner and has forms listed by subject. Section 16 has forms on probate and administration of the decedent. Section 17 has forms on guardianship and Section 20 has forms on elder law.

New York Post Mortem Estate Planning Checklist . Edward S. Schlesinger & Michael M. Mariani. KFN5205 .S35. This book contains checklists and is a valuable tool for the practitioner. It includes chapters on Wills & Revocable Trusts; Administration; Estate Taxes; Income Taxes; Gifts & Gift Tax; Generation Skipping Tax; Insurance; Employee Benefits; Business Interests; Fiduciary Relations; and Distribution.  This is a separate pamphlet which is part of New York Probate, by the same authors (see below).

New York Practice Guide: Probate and Estate  Administration.  Judge Patrick J. McGrath and Miriam R. Adelman.  KFN5205 .N46. This guide is for the student or practitioner who is drafting a document. It contains the legal background and procedural and drafting guidance. There are forms and reference guides which will help with the probate and administration of most wills. There is an index, table of cases, and table of statutes in Volume 2. This is searchable on Lexis under the file name (NYPROB) or by following the path: Legal>Area of Law-By Topic>Estates Gifts & Trusts>Search Analysis, Law Reviews & Journals by State>New York.New York Practice Guide: Probate & Estate Administration.

New York Probate.  Edward S.Schlesinger and Michael M. Mariani. KFN5205 .S35. This is a comprehensive guide for practitioners. It contains forms and checklists for the law office administration of the estate and also includes court forms.

New York Unified Court System. This site is a link to the New York Unified Court System and contains PDF versions of the forms and Omni Forms which can be filled out electronically. The forms include accounting forms, administration forms, adoption forms, guardianship forms, probate forms, small estate forms, wrongful death forms, and miscellaneous forms.

Stocker & Rikoon on Drawing Wills & Trusts.  KFN5201 .S76. This is a good source for drafting wills, revocable and irrevocable trusts and other estate planning documents such as a durable power of attorney and health care proxy. It includes explanations, examples and drafting advice.

West’s McKinney’s Forms: Estates and Surrogate’s Practice, ESP.  KFN5068 .M3. The forms for the Estates and Surrogate’s Practice appear in Volumes 14 through 17 A and includes references to the appropriate section of the Surrogate’s Court Procedure Act and the Estates Powers and Trusts Law. This can be searched on Westlaw (MCF-ESP) or can easily be found in the New York Tab under Forms, Treatises, CLE’s & Other Practice Materials.