New York Law (NYLE) Practice Exam

In the case where Elizabeth lived in State A before moving to New York, what is the likely outcome if she executed her will in State A?

1. Probate the will in State A to determine ownership of the house

2. Probate the will in New York and grant the house to Jane

3. Apply intestacy laws and share the house between Jane and Joe

4. Reject the will entirely

The correct answer is: Apply intestacy laws and share the house between Jane and Joe

The most likely outcome in this situation would involve applying intestacy laws and sharing the house between the potential heirs, which may include Jane and Joe. This comes into play particularly if Elizabeth's will executed in State A does not comply with New York's laws regarding wills, or if it is deemed invalid upon probate in New York. New York generally recognizes valid wills executed in other jurisdictions, but if there are issues with the execution, validity, or provisions of the will under New York law, the court might resort to intestacy laws if no valid will can be administered. Intestacy laws dictate how an estate is divided among heirs when there is no valid will, and in this scenario, it implies that both Jane and Joe could share in the estate, specifically the house, as they may both be recognized as legal heirs. This process is complicated but emphasizes the importance of adhering to the laws in the state where the testator resides at the time of their death. If the will from State A does not fulfill New York's requirements or is contested, intestacy laws would be the next legal approach, confirming that the house should be divided among the beneficiaries according to statutory schemes. In contrast, other options would not provide an outcome aligned with the