Wills Attorney, NYC

Home

Everything You Need to Know About Wills

A Last Will and Testament is more than a set of instructions, it’s your voice, carried forward. It answers questions like: Who gets the house? Who gets which antiques? Who gets a bank account? Who takes care of the pets? A well-drafted will ensures these decisions are yours to make, not left to the courts or state laws.

We take the time to understand your wishes, review your assets, and create a Will designed to stand up in probate and minimize the chance of challenges.

The goal is simple: to secure your life.

What Does Having A Will Actually Accomplish?

The person creating a will (the testator) can leave assets to chosen beneficiaries, giving them control not only while they are alive but also after they pass away.

A will serves four important purposes:

Allows you to decide what happens to your property after you’re gone.
Protects your heirs, including minor children, by allowing you to appoint a guardian.
Ensures your wishes, not the state’s default rules, guide the distribution of your estate.
Names an executor, someone you trust, to carry out your instructions.

But for a will to work, it must meet New York’s legal requirements.

Requirements of a Valid Will

To be valid, a will in New York must satisfy these conditions:

The testator had clear intent to create a will.
The testator had the mental capacity to understand what they were doing at the time.
The will was created without fraud, duress, or undue influence.
The document was executed properly, including required signatures and witnesses.

Without meeting these standards, a will may not hold up in court.

Intestacy: What Happens Without a Will

If someone dies without a will, they are said to have died “intestate.” (The state of dying without a valid will) In that case, state law takes over.

Family: Intestacy laws pass property to immediate family first: children, parents, siblings, and so on. That may sound like that’d align with your wishes, but it doesn’t account for estranged relatives or unique family dynamics. Property or even custody of minor children could end up with someone you would never have chosen.
Probate: Assets under intestacy must go through probate, which can be costly and time-consuming. A properly crafted will also goes through probate, but typically much faster and with fewer issues.

A will isn’t the only tool for transferring property, but it is often the backbone of a strong estate plan.

Online "DIY" Wills Versus Attorney Drafted Wills

Online forms and DIY will kits may look tempting, but they come with real risks. These documents are not customized to your life, your assets, or New York’s specific requirements. Mistakes can leave the door open to challenges, or worse, render the will invalid entirely.

If you are tempted to try a DIY approach, keep these tips in mind:

Be clear about who your family members are, especially in blended families.
Direct your executor to pay debts and expenses.
Make specific gifts to avoid confusion about who gets what.
Include a catch-all clause for assets not specifically listed.
Avoid vague language—ambiguity invites disputes.

At the very least, it’s wise to have an experienced attorney review the document to ensure it will hold up in court.

Practice List

Schedule your
consultation

McAdoo Estate Planning Is Here for You

At McAdoo Estate Planning we focus on Estate Planning designed to protect your assets for you and your family. With thorough plans and detailed wills & trusts, you can get peace of mind knowing your wishes will be honored.