Wills Lawyers in New York City and Suffolk County

Only a trust and estates attorney has the knowledge base to draft a tailored, comprehensive Will. Each client’s situation is different and requires a unique estate plan that takes into consideration the difficult decisions surrounding death, inheritance and aging. Our attorneys and staff approach these sensitive subjects with compassion and practicality

What Is a Last Will and Testament?

A Last Will and Testament is a legal document that sets forth how your assets are to be distributed at your death. In a Will, you can choose who will be the beneficiaries of your tangible personal property (books, clothes, furniture, art) and your residuary estate – all your remaining assets such as cash, stocks, and real estate. You name an executor to administer your estate upon your death – bring the petition in the surrogate's court to validate the Will and follow your direction on distributing your assets.

In order for a Will to be validated, it must have been properly executed. In New York, under EPTL 3-1.1, a Will can be executed by anyone at least 18 years old and of “sound mind and memory.” The Will must be in writing, signed by the testator and witnessed by two people who are also at least 18 years old and who are not beneficiaries under the Will.

The testator must have capacity to make a Will, but this does not mean that people suffering from mental or memory defects cannot make a Will. To be of sound mind and memory, the testator must know the extent of their property and recognize who would be the “natural objects” of their bounty.

Without a Will, your assets are strictly distributed according to your state’s intestacy statute – no exceptions. Without a Will your beneficiaries may not be who you expect or want to inherit your assets! For example, many people believe that their spouse automatically inherits everything. However, in the State of New York, if the decedent had children, the spouse inherits the first $50,000 of assets held in the decedent’s sole name and half of remaining assets. The remaining half is split between any living children and children of deceased children. This poses problems – especially when there is a closely held business, minor children and children from a previous marriage.