If a person knows he or she is dying and has attained a lawyer to write down his or her last requests, and the lawyer does it leaves to have it typed to bring back for them to sign, but the person dies in the interim, is it not legal or legally bound (the last requests) and bequeaths?
State of New York
-- jimmy
A.
In New York, oral wills, technically called "nuncupative wills," are valid only if made by:
A member of the armed forces of the USA in actual military or naval service
A person who serves with or accompanies an armed force engaged in actual military or naval service during a war
A mariner at sea
Because you did not indicate that the person is a member of the armed forces of the USA engaged in actual military or naval service or one of the other criteria described above (the fact that the person is on his deathbed rules out any of the above), then the oral will is not valid. This is so regardless of the care with which the lawyer may have minutely noted the person's intentions and wishes.
All may not be lost, however, if all of the person's heirs voluntarily agree among themselves to abide by the wishes of the dying person. Such an agreement may be difficult to obtain. An additional complication may arise if any of the heirs are minors.
