Crafting Your Will: A Vital Step in Estate Planning
Why Having a Will is Essential
Without a valid will, New York intestacy laws decide how your estate is divided—not you. That can lead to family disputes, financial hardship, and court delays.
A will ensures that:
✔ Your assets go to the right beneficiaries.
✔ A guardian is named for your minor children.
✔ Inheritance disputes among family members are avoided.
✔ Your charitable donations and final wishes are honored.
✔ The probate process is simplified for your heirs.
At Cormac McEnery Law Firm, we take care of every detail, ensuring your will is properly drafted, signed, and legally enforceable.
Legal Requirements for a Will in New York
For a will to be valid in New York, it must meet these legal requirements:
1. It Must Be in Writing
- Oral or electronic wills are NOT legally recognized.
- A physical, written document is required.
2. The Testator Must Sign It
- You, as the testator, must sign the will at the bottom.
3. It Must Be Witnessed by Two Disinterested Parties
- Two non-beneficiary witnesses must be present at the time of signing.
We ensure that your will meets all New York legal requirements, so your wishes are legally protected and enforceable.
What Happens If You Die Without a Will in New York?
(Simplified Breakdown of Intestate Succession for User Engagement)
If you pass away without a will, New York’s intestacy laws take over, meaning:
✅ Married, No Children → Your spouse inherits everything.
✅ Married, With Children → Your spouse receives $50,000, and the remainder is split with your children.
✅ Children, No Spouse → Children inherit everything.
✅ No Spouse, No Children → Parents inherit everything.
✅ No Spouse, Children, or Parents → Siblings inherit equally.
Certain assets, like life insurance policies, retirement accounts, and jointly owned property, bypass probate and transfer directly to named beneficiaries.
Avoid uncertainty—protect your legacy with a will.
Your Questions Answered
What happens if I don’t have a will?
Without a will, the state decides how your assets are distributed, which may not reflect your wishes. This can cause legal delays, increased probate costs, and family conflicts.
Can I write my own will?
DIY wills often lead to legal errors, invalid provisions, and probate disputes. Our attorneys ensure your will is legally enforceable and free from common mistakes.
How often should I update my will?
You should review and update your will after major life events, such as:
- Marriage or divorce.
- Birth or adoption of children.
- Death of a named beneficiary or executor.
- Significant financial changes.
Who should be my executor?
Your executor should be organized, financially competent, and trustworthy. Options include:
- A responsible family member.
A professional fiduciary (lawyer, accountant, or bank).
Can I include gifts to charities or friends in my will?
Yes! Your will allows you to designate specific gifts, donations, or heirlooms to ensure your legacy continues as you intended.
What’s the difference between a will and a trust?
A will takes effect after your passing and must go through probate.
A trust allows assets to be managed during your lifetime and avoids probate.
How do I make sure my will is legally binding?
To be valid, your New York will must be:
- Written, signed, and witnessed.
- Drafted correctly to prevent legal disputes.
Our team ensures your will is legally sound and structured to protect your loved ones
Take Control of Your Future – Schedule a Consultation Today
A well-structured estate plan safeguards your assets, home, and loved ones from unnecessary legal challenges. Without one, your family may face stressful financial and legal obstacles after your passing.
