August is National Make-A-Will Month: the perfect time to focus on one of the most important steps you can take for your family’s future. Despite how essential wills are, many Americans put them off. In fact, a 2024 Caring.com survey found that only 32% of adults in the U.S. have a will or other estate planning document. Part of the hesitation comes from common myths and misconceptions about wills. These misunderstandings can leave families vulnerable to unnecessary conflict, financial stress, and court involvement. At Estate Planning Law Center, we’ve guided countless families through the estate planning process in New York and beyond. In this article, we’ll debunk the most widespread myths about wills—so you can make informed decisions during Make-A-Will Month and beyond. Myth #1: “I Don’t Need a Will If I Don’t Have a Lot of Assets” Many people think estate planning is only for the wealthy. In
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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
Continue Reading... →It’s August, which means it’s National Make-A-Will Month. And while that may not sound like something to celebrate, it’s a powerful reminder that your future, and your family’s peace of mind, deserve attention. At the Estate Planning Law Center, we’ve helped families across Central and Upstate New York take the simple yet life-changing step of creating a will. And we’ve seen firsthand what happens when people don’t. If you’ve been putting it off, you’re not alone. But here are five very real, very human reasons why this August is the right time to get it done. We’ve also included how to make that first step simple and stress-free by attending a free workshop. 1. Life Happens, Ready or Not We recently worked with the Murphy family in Oneida. When John passed away unexpectedly at 52, he didn’t have a will in place. His wife, Amy, was devastated and suddenly stuck navigating
Continue Reading... →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
Continue Reading... →You’ve had the hard talks with your kids. About school, safety, and growing up. Now, it’s time for another kind of hard talk… with your parents. Talking about wills, health care, or where your parents want to live if they can’t live at home anymore, it’s awkward. You might worry about upsetting them or sounding like you’re trying to take over. But here’s the truth: not talking about it doesn’t make the need go away. It just pushes the problem down the road, until you’re forced to deal with it during a crisis. If you’re raising children and also supporting aging parents, you’re part of what’s called the Sandwich Generation. July is Sandwich Generation Month — a time to recognize people like you who are juggling two generations of care. It’s also the perfect time to start the conversations that really matter — before life makes the decision for you.
Continue Reading... →Paul was a devoted father of three who always intended to write a will—but life got in the way. When he suddenly passed away, his family was shocked to learn that without a valid will, New York State law would dictate how his assets were distributed. Instead of Paul’s children receiving their inheritance smoothly, his estate went through probate, a lengthy and expensive court process. His family home, which he intended to leave to his eldest daughter, was instead divided among his children, causing disputes. His bank accounts were frozen for months, and his minor child’s inheritance was placed under court supervision. If Paul had created a will, everything would have gone according to his wishes—not the state’s. What Happens When You Die Without a Will? In New York, if you die without a will (intestate), the state determines who inherits your assets based on a strict legal formula. Here’s
Continue Reading... →When James’s mother, Ellen, was diagnosed with Alzheimer’s, their family assumed they could make medical decisions for her as needed. They had heard about healthcare proxies before but figured they weren’t necessary. “We’ll just tell the doctors what she would have wanted,” James thought. But when Ellen could no longer communicate her wishes, the family found themselves in a heartbreaking situation. Disagreements arose over what kind of care she should receive. Her doctors couldn’t act without legal authority, and the family had no choice but to go through the court system to obtain guardianship. The emotional toll was overwhelming, and they wished they had taken steps earlier to legally document Ellen’s healthcare wishes. Many families find themselves in similar situations because they fall for common myths about healthcare proxies. Let’s set the record straight. Myth #1: “I Don’t Need a Healthcare Proxy Unless I’m Old or Sick” Accidents and medical
Continue Reading... →When Margaret’s husband, Tom, suffered a severe stroke at 68, she assumed she would automatically have the authority to manage their finances and make medical decisions on his behalf. They had been married for over 40 years, after all. But when Margaret tried to access his bank account, the bank refused to give her control. The bank told her that without a Power of Attorney (POA), she had no legal authority to act on his behalf. Similarly, when she attempted to discuss Tom’s care with his doctors, they told her that without a Health Care Proxy (HCP), she had no legal authority to make medical decisions on his behalf. Margaret was devastated. To gain control over their finances and make medical decisions for Tom, she had to go through the lengthy and expensive process of petitioning for guardianship—a situation that could have been completely avoided if they had put
Continue Reading... →Maria had always admired her grandmother’s quilt, but it wasn’t until she inherited it that she truly understood its significance. Inside the folds of fabric, she found a handwritten note detailing the stories behind each square. One square was from her great-grandfather’s army uniform; another was made from her grandmother’s wedding dress. The quilt wasn’t just an heirloom—it was a family history, stitched together with love. At The Estate Planning Law Center, we believe estate planning isn’t just about passing down assets. It’s about preserving your family’s identity and values. Legacy planning ensures the stories, traditions, and lessons that define your family endure for generations. Maria’s story highlights how small acts of preservation can have a lasting impact. She began recording her family’s stories, sitting down with relatives to capture moments that shaped their history. With time, she created a treasure trove of memories—stories about resilience, love, and the values
Continue Reading... →Jenny loved being a mom. Raising her son Michael, who had special needs, brought her immense joy—but it also came with challenges. Jenny was Michael’s biggest advocate, navigating a maze of therapies and education plans to ensure he thrived. But one night, while watching Michael peacefully sleep, a thought struck her with a terrifying weight: “What happens to Michael if I’m not here?” Jenny couldn’t shake the question, and she knew she needed a plan. That’s when she turned to The Estate Planning Law Center, where she discovered the power of Special Needs Trusts (SNTs). These legal tools are more than just financial strategies—they’re lifelines for families like Jenny’s. An SNT allows families to provide for their loved ones with disabilities without jeopardizing access to critical government benefits like Medicaid and Supplemental Security Income (SSI). During her consultation, Jenny learned that simply leaving an inheritance to Michael could do more
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