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05  /  Estate Planning

Decide it now, while it is still yours to decide.

These are difficult decisions to sit down with. They are also decisions that will be made either way: absent a will or a trust, New York State determines how an estate is distributed.

What happens if you do not

If you die without a valid will in New York you are deemed to have passed intestate. A body of statutes then directs the disposition of your estate, and those rules frequently contradict what you would have chosen. An administrator appointed by the Surrogate’s Court gets direct input into what happens to the things you spent a life acquiring.

The questions a will actually answers

Most people think a will is about money. It is mostly about decisions that someone will otherwise make on your behalf.

  • Who cares for your minor children
  • Whether you are buried or cremated, and where
  • Whether you want a living will, or want a stranger making your health care decisions
  • Which specific possessions go to which specific people
  • Whether any family member is to be excluded
  • Whether college is planned for
  • Who executes your will, you or an administrator the State appoints

Why the execution matters more than the document

Preparing a will is relatively inexpensive. Be wary of online forms and do-it-yourself kits, because in most cases the thing that fails is not the wording but the execution. New York requires specific criteria to be met before a will is valid, and when the will is offered to probate, poor or improper execution can invalidate it.

If that happens, the estate can face thousands of dollars of otherwise unnecessary litigation. We draft the will to reflect your wishes and we make certain every required procedure is followed, including the affidavits from disinterested persons the State requires.

Common questions

Drafting a will is relatively quick and inexpensive. The expense a will avoids, litigation that drains an estate, is the larger number by a wide margin.

Who handles this

Start here

Tell us what is happening.

The consultation is free. Calls are answered around the clock, and the office is at 50 Jackson Avenue, 2nd Floor in Syosset.

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