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
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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... →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
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Many people are confused about the difference between a living will and a healthcare power of attorney. A living will specifies life prolonging treatments you do or do not want in the event you either suffer from a terminal illness or are in a permanent vegetative state. It does not become effective unless you are incapacitated and, generally, requires certification by your doctor, and another doctor, that you are either suffering from a terminal illness or have been rendered permanently unconscious. So if you suffer a heart attack, for instance, but do not have a terminal illness or are not in a permanent state of unconsciousness, a living will does not have any effect. You would still be resuscitated, even if you had a living will indicating that you don’t want life prolonging procedures. A living will is only used when your ultimate recovery is hopeless. For situations where you
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