Every August, National Make-A-Will Month rolls around and while it may not come with balloons or fireworks, it’s one of the most important times of the year to take a step back, plan ahead, and protect the people and assets that matter most to you.
At the Estate Planning Law Center, we use this month as an opportunity to raise awareness about the importance of creating a will and to help families across New York and beyond take control of their future.
Whether you’re 28 or 88, single or married, a parent or pet owner, everyone benefits from having a will. Here’s why it matters, and why August is the perfect time to get started.
What Is a Will, Really?
A Last Will and Testament is a legally binding document that outlines your wishes after your death. This includes:
- Who receives your assets
- Who will care for your minor children or dependents
- Who will oversee the administration of your estate (your executor)
- Any charitable donations or gifts you’d like to make
- Specific instructions for your funeral or burial preferences
In short, a will is your voice when you’re no longer here to speak for yourself. Without it, those decisions are left up to the state.
Why Make-A-Will Month Matters More Than Ever
1. 70% of Americans Don’t Have a Will
According to a 2024 survey by Caring.com, nearly 7 in 10 American adults don’t have a will or any estate plan in place. The most common reasons?
- “I haven’t gotten around to it”
- “I don’t have enough assets to need one”
- “It’s too expensive or complicated”
But here’s the truth: not having a will creates far more complications, especially for the people you leave behind. And estate planning isn’t just for the wealthy. It’s for anyone who wants a say in what happens to their belongings, their loved ones, or their legacy.
2. Dying Without a Will = Intestacy Laws Decide Everything
If you pass away without a valid will, you’re considered to have died intestate. That means New York’s intestacy laws (or the laws of your state of residence) will determine:
- Who inherits your property
- How your estate is divided
- Who becomes guardian of your minor children (if applicable)
In New York, that usually means a spouse and children share the estate, but not always in the way you might expect. Unmarried partners, stepchildren, and close friends are often entirely excluded.
Making a will ensure that your priorities, not a cookie-cutter law, determine what happens next.
3. Protecting Your Children and Loved Ones
If you have minor children, your will is where you name a guardian, someone you trust to care for them if something happens to you. Without this, the court steps in, and the decision may not align with your wishes.
You can also:
- Create a trust to manage assets on behalf of your children
- Appoint someone to handle financial matters for dependents with special needs
- Provide for aging parents, pets, or any other loved ones who rely on you
This kind of planning offers peace of mind and reduces family conflict at a time when emotions are already high.
4. Avoiding Probate Pitfalls
While a will doesn’t avoid probate altogether (in New York, wills go through Surrogate’s Court), it can:
- Speed up the process
- Provide clarity and direction for the court
- Help minimize disputes between family members
More importantly, an estate planning attorney can help you pair a will with other tools—like a revocable living trust or beneficiary designations, to make the process even smoother.
5. It’s Not as Complicated or Costly as You Think
Many people put off creating a will because they think it’s expensive or time-consuming. But with the right guidance, it’s not only manageable, it’s empowering.
At Estate Planning Law Center, we take a simple, compassionate approach:
- We guide you through every step
- We explain your options in plain English
- We create a customized plan that reflects your goals, values, and family dynamics
Our clients often tell us they feel a huge weight lifted once their plan is in place. It’s not just paperwork. It’s peace of mind.
What Goes Into a Complete Estate Plan?
While a will is a great place to start, it’s only part of the picture. A comprehensive estate plan may include:
- Durable Power of Attorney – Lets someone you trust manage your finances if you become incapacitated.
- Health Care Proxy – Names someone to make medical decisions on your behalf.
- Living Will – Expresses your wishes regarding life-sustaining treatment.
- Revocable Living Trust – Helps avoid probate and manage assets during your lifetime and beyond.
- Beneficiary Designations – Ensure retirement accounts and life insurance policies go where you want them to.
Together, these documents create a roadmap that protects you during your life—and protects your family after.
5 Reasons to Make Your Will This August
If you’ve been meaning to get around to it, now’s your moment. Here’s why August is the perfect time to act:
- Awareness is High – You’ll see reminders and support all month long.
- Kids Are Going Back to School – It’s a good time to focus on family logistics and planning.
- Before Year-End Chaos Begins – Get it done before the holidays sneak up.
- It’s Easier Than You Think – With the right law firm, the process is simple and supportive.
- Your Loved Ones Deserve It – The greatest gift you can leave behind is certainty and protection.
How We Can Help
At the Estate Planning Law Center, we specialize in creating tailored, legally sound, and family-friendly estate plans for New Yorkers. We don’t believe in one-size-fits-all documents. We take time to understand your family, your goals, and your concerns—and we craft a plan that fits your life.
Let this August be the month you take action.
Book Your Free Will Planning Consultation Today
In honor of National Make-A-Will Month, we’re offering complimentary consultations throughout August to help you get started. Whether you’re building a new plan or updating an old one, our team is here to make the process clear and manageable.
Call or Text Us at (315) 793-3622 or attend one of our workshops to learn more.
