A New York City couple murdered in their home left several unsigned self-written wills as part of their legacy. The wills are likely invalid under New York Probate (and California) law, but that didn’t stop Mark Schwartz from drafting several provisions which may leave some relatives feeling bitter. Knowing that his brother “hopes to be in my will,” Schwartz stated, “well, here you are” before leaving him nothing from the estate. Schwartz then expressed his wish to be memorialized in a sea burial service in scuba gear, or in the alternative “perhaps a beach party with strippers.”

Schwartz’s wife was not to be outdone. She left $10,000 to a battered woman’s shelter in her first husband’s name. She also left only $1 each to her mother, father, two brothers and sister and requested they donate that dollar “to their precious church to whom they had a greater allegiance, than to their first child and sister.”

Had these wills been denied probate in California, their estate would have passed by intestate distribution, against their wishes. This means both Schwartz’s brother could take a share of the estate, as well as his wife’s parents and siblings, provided they survived. Thanks to the Wills, Trusts, and Estates Professor for highlighting the article.

Filed under: Estate Planning - Generally, Probate, Probate Litigation, Wills