Creating a will is about more than just distributing assets. It’s about protecting your loved ones, expressing your wishes clearly, and staying in control of your future, no matter what.
At the Estate Planning Law Center, we help New Yorkers craft legally sound, deeply personal estate plans that reflect what truly matters to them. Whether you’re just starting your journey or updating an existing plan, this guide will help you understand how to make sure your will stands strong and your wishes are honored.
TDLR (Too Long, Didn’t Read)
- A valid will in New York must follow specific legal requirements to be enforceable
- Without a will, the state decides who inherits your assets under intestacy laws
- Customizing your will allows you to choose guardians, distribute property, and support causes you care about
- Regular updates and proper asset alignment ensure your will reflects your current wishes
- Working with an experienced estate planning attorney helps you avoid costly mistakes and family conflict
Why Having a Will Matters in New York
If you pass away without a valid will in New York, your estate is considered intestate. That means:
- The state’s default rules determine who inherits your property
- Unmarried partners, stepchildren, or close friends may receive nothing
- A court-appointed administrator handles your estate, not someone you chose
- If you have minor children, a judge, not you, decides who raises them
With a will, you’re the one making those decisions.
Step-by-Step: How to Ensure Your Will Reflects Your True Wishes
1. Make It Legally Valid
In New York, your will must meet these basic requirements:
- You must be at least 18 years old and of sound mind
- It must be in writing
- It must be signed by you (or by someone at your direction)
- It must be witnessed by two people who also sign
Verbal or handwritten wills (known as “holographic wills”) are only accepted in rare cases, such as for members of the military.
2. Be Specific: Details Matter
Your will should clearly outline:
- Who gets what (named beneficiaries and specific assets)
- Alternate choices in case someone you name is unable to inherit
- Guardianship for any minor children
- Your executor, the person who will carry out your wishes
Clarity is key. Ambiguity can cause family disputes or even invalidate portions of your will.
3. Choose the Right Executor
Your executor is legally responsible for managing your estate, paying debts, filing paperwork, and distributing assets. Choose someone trustworthy, organized, and emotionally capable of handling these responsibilities.
Pro Tip: You can name a backup executor in case your first choice declines or is unavailable.
4. Don’t Forget Digital Assets and Personal Wishes
More New Yorkers are including:
- Digital accounts (social media, online banking, email)
- Pets and who should care for them
- Funeral or burial wishes
- Charitable donations
Your will can reflect your personality and values. It’s not just a legal document, it’s a legacy.
5. Keep It Updated
Your will should reflect your current relationships, finances, and goals. Review and revise your will after:
- Marriage or divorce
- The birth or adoption of a child
- The death of a loved one
- Major changes in your assets
- Moving to a new state
Even if nothing major has changed, it’s a good idea to revisit your will every 3–5 years with a professional.
6. Align All Assets With Your Plan
This is a big one.
Even with a valid will, certain assets, like retirement accounts, life insurance, or jointly owned property, pass outside your will through beneficiary designations or ownership structure.
That means your legal documents and asset titles must work together.
We often see situations where someone updated their will but forgot to change the beneficiary on their IRA or insurance policy. In those cases, the outdated designation wins, not the will.
Our team helps ensure your documents and financial accounts are properly aligned.
Client Story: “They Followed My Mom’s Wishes to the Letter”
When Susan’s mother passed away in Syracuse, the family was overwhelmed, but not unprepared.
“My mom had worked with the Estate Planning Law Center years earlier. She didn’t just create a will, she created a plan. Everything was clear. There was no fighting, no second guessing. We knew exactly what she wanted, and the attorney had helped her keep everything up to date.”
Her mother’s wishes were honored exactly as intended, because she made the time to put them in writing, with the right help.
Frequently Asked Questions On Wills & Estate Planning
Q: Can I write my own will in New York?
Yes, but it’s risky. DIY wills often fail to meet New York’s legal standards, or they leave out crucial details. Working with an experienced estate planning attorney helps ensure your will is enforceable and customized to your needs.
Q: Does a will help me avoid probate?
No, wills go through Surrogate’s Court in New York. However, a well-crafted estate plan can include tools like revocable living trusts to avoid or simplify probate. We can help you explore those options.
Q: What’s the difference between a will and a trust?
A will takes effect after your death and outlines how assets should be distributed. A trust can manage assets during your lifetime and after your death, and can help avoid probate and protect assets from certain risks.
Q: What happens if my will contradicts my beneficiary designations?
Beneficiary designations generally override your will. That’s why it’s crucial to coordinate all parts of your estate plan with professional help.
Ready to Take Control of Your Legacy?
Whether you’re protecting your children, honoring a loved one’s memory, or preserving assets from long-term care costs, your will is the foundation of a strong estate plan.
At Estate Planning Law Center, we make it easy to get started with a free estate planning workshop, where you’ll learn:
- The basics of wills and trusts
- How Medicaid and long-term care planning fit into the picture
- What mistakes to avoid
- How to create a plan that protects your family, your values, and your peace of mind
Upcoming Workshops in New Hartford:
- Tuesday, August 26 | 6:00 pm – 8:00 pm
- Tuesday, September 9 | 2:00 pm – 4:00 pm
- Tuesday, September 23 | 6:00 pm – 8:00 pm
Seating is limited, reserve your spot now. Call (315) 793-3622 or click here to register.
Final Thoughts
You worked hard for what you have. You love the people in your life. A will gives you the power to protect them, your way.
Don’t leave it to chance. Don’t wait until it’s too late. Let’s make your will work for you, today and for years to come.
Estate Planning Law Center
Helping New Yorkers protect what matters most, with clarity, compassion, and a plan that works.
📍 555 French Road, New Hartford, NY 13413
📞 (315) 793-3622
🌐 www.eplawcenter.com
