Last Will and Testament in New York
Designate beneficiaries, appoint an executor, and ensure your assets are distributed according to your wishes, preventing New York State law from making these critical decisions for you.
Over a Decade of
Experience
New York State Bar Association (NYSBA) Member
Navigate New York State Regulations
Elder Law
Work with us to ensure your Last Will & Testament aligns with your estate planning goals
Creating a will is one of the most important steps in protecting your legacy and providing for your loved ones. We specialize in helping clients navigate New York’s specific requirements for wills and estate planning.
What is a Last Will and Testament?
A Last Will and Testament is a legal document that outlines your wishes regarding the distribution of your assets after your passing. It allows you to:
• Designate beneficiaries for your assets
• Appoint an executor to manage your estate
Why you should write a will
Why do you need a will?
A Last Will and Testament serves two essential functions:
1) Control over your legacy:
You choose who receives your assets and can name alternate beneficiaries (rather than leaving these crucial decisions to New York State law.)
2) Selection of your executor:
You appoint someone you trust to manage your estate, (rather than having the court appoint an administrator according to state law.)
What if you die without a will?
When someone dies without a Will (known as dying “intestate”), New York’s laws of intestacy determine:
- Who receives your assets
- Who administers your estate
- How your property is distributed
For example, if you’re unmarried, have deceased parents, and no children, your estate may go to siblings, nieces, nephews, or even distant cousins – regardless of your actual wishes.
This can lead to unintended consequences. We can help you avoid these potential complications with a properly executed will.
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Why you should create a will
Control asset distribution
Creating a will gives you control over distribution of your assets. You can specify exactly who receives your property, whether it’s family members, friends, or charitable organizations.
In addition to primary beneficiaries, you can name alternates to ensure your wishes are carried out even if circumstances change.
If you have minor children, you can also establish trusts within your will to manage their inheritance until they reach an appropriate age.
Select your executor
The selection of your executor is another crucial benefit of a Will. This person serves as your estate’s representative, and is responsible for initiating probate proceedings in New York’s Surrogate’s Court, collecting and managing your assets, paying any debts and taxes, and ultimately distributing your assets.
Care for your children
For parents or those with dependents, a will provides important planning beyond asset distribution.
You can name guardians who will care for your children if needed, ensuring they’ll be raised by individuals you believe share your values and parenting philosophy.
Through trust provisions within your will, you can also establish a framework for your children’s financial support, education, and care, while ensuring their inheritance is properly managed until they reach adulthood.
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Supplement your will with a trust
While a will is important, it has certain limitations. You might consider supplementing your will with a trust if you need to:
- Protect assets from your beneficiaries’ potential creditors and legal claims.
- Avoid probate (trust assets pass directly to beneficiaries without going through probate court.)
- Plan for incapacity, as trusts can provide seamless management of your assets if you become incapacitated. A will only takes effect after death.
- Address beneficiary contingencies, such as in cases of divorce or bankruptcy.
- Control asset distribution and set conditions for inheritance, such as reaching certain ages, achieving educational goals, or demonstrating financial responsibility.
How it works
Initial Consultation
We discuss your family situation, assets, and goals to help guide your planning process.
Will Drafting
We create a customized will that reflects your wishes and meets all New York legal requirements, ensuring your will aligns with your overall estate plan.
Implementation
We review the will with you and ensure proper execution according to New York law, and guide you through the proper signing and witnessing procedures.