August is National Make-A-Will Month: the perfect time to focus on one of the most important steps you can take for your familyโs 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, weโve guided countless families through the estate planning process in New York and beyond. In this article, weโll debunk the most widespread myths about willsโso you can make informed decisions during Make-A-Will Month and beyond.
Myth #1: โI Donโt Need a Will If I Donโt Have a Lot of Assetsโ
Many people think estate planning is only for the wealthy. In reality, everyone benefits from having a will, regardless of the size of their estate.
Without a will, your estate will be distributed according to your stateโs intestacy laws. In New York, that could mean your assets go to relatives you may not have intendedโor that your spouse or children receive distributions in ways that donโt align with your wishes.
Even modest estates can include important assets such as:
- Bank accounts
- Personal property (jewelry, heirlooms, collections)
- A home or vehicle
- Retirement accounts (with proper beneficiary designations)
Myth #2: โMy Spouse Will Automatically Inherit Everythingโ
This is a dangerous assumption. Under New York intestacy laws, if you die without a will and youโre survived by a spouse and children, your spouse doesnโt receive your entire estate. Instead:
- The spouse receives the first $50,000 plus half of the remaining estate.
- The children inherit the rest, divided equally.
This can create complications, especially if you want your spouse to have full access to assets for financial security.
Solution: A will allows you to clearly state your wishes and protect your surviving spouse.
Myth #3: โIโm Too Young to Worry About a Willโ
Itโs common for people in their 20s, 30s, or even 40s to feel they donโt need a will yet. Unfortunately, accidents and unexpected illnesses can happen at any age.
Creating a will ensures your wishes are respected and makes things easier for your loved ones during an already difficult time. For younger adults, a will also lets you:
- Name a guardian for minor children
- Designate someone to manage finances for dependents
- Direct how personal belongings are passed down
Remember: Estate planning is about being prepared for the unexpected.
Myth #4: โA Will Avoids Probateโ
This is one of the biggest misconceptions we hear. A will does not avoid probate. Instead, a will guides the probate process by outlining how your assets should be distributed.
Probate is the court-supervised process of validating a will and settling an estate. In New York, this can take months, or longer if disputes arise.
If your goal is to avoid probate, tools like a revocable living trust may be more appropriate. Our team can help you understand the differences and build a plan that meets your needs.
Myth #5: โI Can Just Write My Own Will, and It Will Be Validโ
While handwritten or DIY online wills may sometimes hold up in court, they often lead to errors, ambiguities, and disputes. Common problems include:
- Not meeting witness requirements
- Using unclear or conflicting language
- Forgetting to update after major life changes
- Failing to comply with state-specific laws
In New York, for example, wills generally must be signed in the presence of two witnesses who also sign the document. A small mistake could invalidate your will entirely.
Best practice: Work with an experienced estate planning attorney to ensure your will is legally sound and enforceable.
Myth #6: โOnce I Write My Will, Iโm Doneโ
Life changesโand so should your will. Marriage, divorce, children, grandchildren, new property, or changes in tax laws all call for updates to your estate plan.
Experts recommend reviewing your will every 3โ5 years or after major life events. Outdated wills can cause just as many problems as having no will at all.
Pro tip: Consider building a relationship with a trusted estate planning attorney who can help keep your documents current.
Myth #7: โA Will Covers All My Assetsโ
Not all assets pass through your will. Certain accounts and property transfer automatically to designated beneficiaries or joint owners, including:
- Life insurance policies
- Retirement accounts (401(k), IRA)
- Jointly owned property with right of survivorship
- Payable-on-death (POD) bank accounts
Itโs crucial to keep beneficiary designations updated and coordinated with your overall estate plan. Otherwise, your will could conflict with these designations, and the beneficiary form typically controls.
Myth #8: โIf I Donโt Have a Will, the State Takes Everythingโ
This myth scares many people, but itโs not exactly accurate. Without a will, your assets are distributed to your closest living relatives under intestacy laws.
However, if no relatives can be located, then your estate could eventually โescheatโ to the state. This situation is rare but highlights why having a will is so important: you should decide where your assets goโnot the government.
Myth #9: โI Can Leave My Estate to Whoever I Want Without Limitsโ
While a will gives you broad discretion, there are some legal limits. For example:
- In New York, a surviving spouse has a right of election to claim a share of the estate, regardless of what the will says.
- You generally cannot disinherit minor children from their legal entitlements, such as support obligations.
These rules vary by state, so itโs important to understand how they apply to your situation.
Why Make-A-Will Month Matters
Make-A-Will Month is a reminder to take control of your future. A will provides:
- Clarity: Your wishes are documented and legally enforceable.
- Protection: Loved ones are shielded from unnecessary conflict.
- Peace of mind: You know your affairs are in order.
At Estate Planning Law Center, we guide clients through every step of the estate planning processโfrom drafting wills to creating trusts, powers of attorney, and advanced healthcare directives.
Frequently Asked Questions (FAQs)
1. What happens if I die without a will in New York?
Your estate will be distributed according to New York intestacy laws, which prioritize your closest relatives. Spouses and children are given priority, but the distribution may not reflect your actual wishes.
2. Do I need both a will and a trust?
It depends on your goals. A will is essential for naming guardians, directing property distribution, and covering assets not included in a trust. A trust can help with probate avoidance, tax planning, and managing assets for minors or loved ones with special needs.
3. Can I change my will after itโs signed?
Yes. You can update your will through a codicil (an amendment) or by creating a new will. Itโs best to consult with an attorney to ensure changes are valid.
4. How often should I review my will?
Review your will every 3โ5 years or after major life events like marriage, divorce, a new child, or significant financial changes.
5. Is a handwritten will valid in New York?
New York recognizes handwritten wills in very limited circumstances (such as for active-duty military members). In most cases, a handwritten will may not meet the legal requirements for validity.
Contact Estate Planning Law Center For Your Will
Donโt let myths and misconceptions keep you from protecting your familyโs future. Creating a will is one of the most loving and responsible steps you can take.
During Make-A-Will Month, take the opportunity to put your wishes in writing. Whether youโre starting from scratch or need to update an old will, our team at Estate Planning Law Center is here to help.
Contact us today to schedule a consultation and take the first step toward peace of mind.
