Will Attorneys in New York City

Creating a will is one of the best ways to protect your family and make sure your wishes are followed after you pass away. A will explains who gets your property, who will care for your children, and who will handle your affairs when you die. If you do not have a will, New York decides these things for you, and the result may not be what you want. At The Law Offices of Albert Goodwin, Esq., we help you write a clear and legal document so your family does not face confusion or arguments later.

Why Work with a Will Attorney

When we meet with you, we talk about your goals, your family, and the property you own — your home, money, personal items, and anything else you care about. We explain how New York law works and what your options are, and then we write a will that matches your wishes and follows all legal rules so it will be accepted by the court.

Many people try to write their own will using online templates, but these templates often cause problems. If the will does not follow New York rules, it can be rejected. If the wording is unclear, family members may fight in court about what you really meant, and these fights can be stressful and expensive. We help prevent these problems by making sure your will is complete, clear, and legally valid. Most importantly, we make sure your will is signed and executed the exact way New York law requires, which gives it a strong presumption that it was properly made.

We also help you decide who will receive your property and who will serve as executor — the person who carries out your instructions. If you have children, we help you choose a guardian. If you have special instructions, such as leaving certain items to specific people, we include them in a way the court will accept. Some situations make professional drafting especially important: blended families, second marriages, families where people do not get along, and estates that include real estate, a business, valuable items, or complicated finances. In these situations, careful drafting prevents disagreements later.

Who Can Make a Will in New York

Under EPTL § 3-1.1, you must be at least 18 years old and of sound mind to make a will in New York. Being of sound mind means the testator — the person making the will — understands the nature and extent of their assets, knows who their relatives and natural beneficiaries are, and understands that the document being signed is a will disposing of their property at death. When capacity may later be questioned — for example, because of the testator's age or health — we take particular care to document capacity at the execution.

New York does not accept oral wills or unwitnessed handwritten (holographic) wills, except in the narrow circumstances described in EPTL § 3-2.2 — members of the armed forces during a war or armed conflict, persons serving with the armed forces, and mariners at sea. For virtually everyone else, a handwritten note without witnesses is not a valid will in New York, no matter how clearly it states your wishes.

What a Comprehensive Will Includes

A well-drafted will covers far more than the basic distribution of property. The sections typically include:

• Identification and revocation. Identifies the testator and revokes all prior wills and codicils.
• Family disclosure. Names spouse, children, and grandchildren (or affirms their absence). This both helps interpretation and creates evidence in case of future contest.
• Specific bequests. Gifts of particular property or amounts to particular people, with provisions for contingencies if the beneficiary does not survive.
• Tangible personal property. Disposition of household goods, jewelry, and other personal items, often by reference to a separate memorandum.
• Residuary clause. Disposes of everything not specifically given.
• Executor nomination. Names the executor, successor, and any bond waiver.
• Guardian nomination. Names guardians for minor children.
• Trustee nomination. Names trustees for any trusts created in the will.
• Tax apportionment. Directs how estate taxes are paid.
• Powers clause. Grants the executor specific administrative powers.
• In terrorem clause. Disinherits beneficiaries who contest the will (if desired).
• Attestation clause. Statement signed by the witnesses confirming the formalities.
• Self-proving affidavit. Notarized statement that simplifies probate.

Beyond these standard sections, several types of provisions deserve special attention, because they either exist only in a will or require specific drafting to work under New York law.

Naming a Guardian for Minor Children

If you have children under 18, your will is the only document where you can nominate the person who will raise them if you are gone. The Surrogate's Court gives substantial deference to a parent's written nomination, although the appointment is never automatic — the court confirms that the choice serves the child's best interests. Without a nomination, relatives may compete for guardianship, and the person you would have chosen has no automatic priority.

Good guardianship planning goes beyond naming one person:

• Successor guardians. Always name at least one backup, in order of preference. Your first choice may decline, predecease you, or become unable to serve.
• Separating the roles. The person best suited to raise your children day-to-day is not always the best person to manage their inheritance. You can name one person as guardian of the person and a different person or institution as trustee of the money.
• Geographic concerns. If your chosen guardian lives in another state or country, the will should anticipate that.
• Anticipating objections. If a relative is likely to contest your choice, the will can be drafted to reduce ambiguity and reinforce your reasoning.

New York also permits a parent facing serious illness or incapacity to designate a standby guardian under SCPA Article 17 — a separate mechanism from a testamentary nomination, but worth discussing in the same planning conversation.

Trusts for Minor Children

A child under 18 cannot legally take title to property. If a will leaves assets outright to a minor, the court must appoint a guardian of the property under SCPA Article 17, the funds are held under court supervision with accountings, bonding, and restrictions on use, and the money is typically released outright at age 18. If a parent dies without a will, the same result follows under New York's intestacy statute, EPTL 4-1.1. Even a custodial transfer under New York's Uniform Transfers to Minors Act (EPTL Article 7, Part 6) only delays full access to age 18, or up to age 21 if specified for transfers under a will.

The better tool for most families is a testamentary trust created inside the will. It takes effect at death, requires no separate document funded during your lifetime, and lets you dictate exactly how and when your children receive money. Common structures include:

• Single pot trust. When children are close in age, one common trust lets the trustee spend on whatever each child needs at the time, much as a parent would, then divides into equal shares once the youngest reaches a chosen age.
• HEMS standard. Trustees are commonly directed to make distributions for the child's health, education, maintenance, and support — a well-recognized standard that gives the trustee clear guidance.
• Staggered ages. Rather than releasing everything at 18, many parents stagger distributions — for example, one-third at 25, half of the remainder at 30, and the balance at 35.
• Lifetime trust. Some families keep assets in trust for the child's lifetime to protect against divorce, creditors, or lawsuits, while still giving the child broad access and control as trustee.

The trustee manages and invests the inheritance and makes distributions for the children. Under New York law, a trustee owes fiduciary duties, must invest prudently under the Prudent Investor Act (EPTL Article 11-A), keep accurate records, and may be required to account. Name a trustee who is responsible with money, not simply the closest relative, and always name a successor trustee.

Charitable Gifts

Many of our clients want to include a charitable gift, whether to a hospital, a religious institution, a school, or a community organization. Charitable dispositions in New York are governed by EPTL 8-1.1, which confirms that gifts for religious, charitable, scientific, literary, or educational purposes are valid and enforceable. New York repealed its old mortmain-style restrictions long ago, so there is no limit on the percentage of your estate you may leave to charity.

The most common drafting problem is misidentifying the organization. Many charities share similar names or operate through affiliated foundations and chapters, and a gift to "the local food bank" can be ambiguous enough to invite litigation or fail for uncertainty. When we draft a charitable bequest, we identify the charity by its exact legal name, principal address, and ideally its federal Employer Identification Number (EIN). Before signing, we confirm the organization's 501(c)(3) tax-exempt status through the IRS Tax Exempt Organization Search and check the New York Attorney General Charities Bureau registry, since most charities that solicit or hold assets in New York must register under Article 7-A of the Executive Law and the EPTL.

How the gift is structured also matters. A specific gift is a fixed amount or particular asset paid before residuary distributions, but it may abate if the estate lacks cash. A residuary gift is a percentage of whatever remains after debts, taxes, and specific gifts, and scales with the size of the estate. A restricted gift is earmarked for a stated use, such as scholarships or research; for these we include a fallback clause directing that if the stated purpose cannot be fulfilled, the charity may apply the funds to its general charitable purposes.

If the named charity has merged, dissolved, or changed its mission by the time you die, New York applies the cy pres doctrine, codified in EPTL 8-1.1(c). When a charitable gift's exact purpose becomes impossible or impracticable, the court may direct the property to a purpose as close as possible to your original charitable intent rather than letting the gift fail. Cy pres requires a general charitable intent, so we draft charitable bequests to express your underlying goal, not just the named organization. The Attorney General, as the statutory representative of charitable interests in New York, is typically a necessary party to such a proceeding.

Finally, a charitable gift cannot defeat the rights of a surviving spouse. Under EPTL 5-1.1-A, a surviving spouse may elect against the will and take the greater of $50,000 or one-third of the net estate. If your charitable bequests leave your spouse less than the elective share, the charitable gift may be reduced proportionally. We account for the elective share when planning any estate that includes both a spouse and substantial charitable giving.

Providing for Pets

Under New York law, an animal is personal property and cannot own money or be named a beneficiary — a clause such as "I leave $50,000 to my dog Max" is legally ineffective on its own. New York's answer is the pet trust under EPTL § 7-8.1. The trust holds funds for the care of a designated animal, with a human trustee managing the money, and lasts for the life of the animal (or the last surviving animal if several are covered). A 2010 amendment removed the original 21-year cap, so a trust can now provide for long-lived animals such as parrots, horses, and tortoises for their entire lives. The trust is enforceable in court: if no trustee is named or able to serve, the court appoints one, and enforcement can be sought by a person named in the trust, a person appointed by the court, or anyone with a sufficient interest in the animal's welfare.

For a modest sum left to a trusted caretaker — say, your cat and $8,000 to your sister "for the cat's care" — the money becomes the caretaker's outright property, with no legally enforceable duty to spend it on the animal. For larger sums or long-lived animals, a formal pet trust is the better tool. A strong New York pet trust should specifically identify each animal (breed, color, age, and ideally microchip number), name a primary caretaker and successors, name a trustee separate from the caretaker, set an enforceable standard of care, require periodic verification such as veterinary visits, state caretaker compensation separately from cost reimbursement, and direct where remaining funds go when the last animal dies.

Funding is the most disputed element. EPTL § 7-8.1 allows a court to reduce funding that substantially exceeds what the animal actually needs, giving a disgruntled heir a statutory basis to challenge an unusually large pet trust. We build the funding amount from the animal's actual costs — food, veterinary care, a reserve for illness, grooming, boarding, and caretaker compensation — multiplied over the animal's remaining life expectancy, so the figure is far more likely to survive scrutiny in Surrogate's Court.

Digital Assets

New York adopted the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) in EPTL Article 13-A. Without express authorization in your will, your executor may be blocked by federal privacy law and provider terms of service from accessing your email, cloud storage, cryptocurrency, and other online accounts. A modern New York will should include digital-asset authority so your executor can manage and distribute these assets. We include these provisions as part of our standard drafting.

Execution Formalities and Witnesses

EPTL § 3-2.1 sets out the formalities required for a valid will in New York. The requirements are specific and unforgiving:

On witness selection specifically, see our guide to the attesting-witness rule when a beneficiary witnesses a will.

• The will must be in writing.
• The testator must sign at the end of the will (or have someone else sign at the testator's direction, in the testator's presence).
• The signature must be made or acknowledged in the presence of two attesting witnesses.
• The testator must declare to the witnesses that the document is the testator's will.
• Each witness must sign within 30 days of each other, with their addresses noted.

Defects in any of these formalities can invalidate the will. When we conduct will execution ceremonies, we follow a written checklist to ensure every step is observed. For the statutory rules in depth, see our EPTL 3-2.1 will execution requirements guide.

Witness selection matters more than most people realize. Under EPTL § 3-3.2, if a beneficiary of the will also serves as an attesting witness, the gift to that witness may be void. When we supervise a will signing, we use two disinterested witnesses — people who receive nothing under the will — so that no beneficiary risks losing their inheritance because of how the will was witnessed.

New York practice also relies on the attesting witness affidavit under SCPA § 1406. When this notarized affidavit is signed by the witnesses at the same time as the will, the will can generally be admitted to probate without requiring the witnesses to testify in person years later. Without it, the executor may have to track down witnesses who have moved, become unavailable, or died before the Surrogate's Court will admit the will. This is one of the most common reasons a technically valid will becomes difficult and expensive to probate, and it is exactly the kind of problem attorney-supervised execution is designed to prevent.

Coordinating, Storing, and Updating Your Will

Coordinating with Other Documents

A will is one piece of a complete estate plan. The other pieces typically include:

• Durable power of attorney. Authorizes someone to handle your finances if you become incapacitated.
• Health care proxy. Authorizes someone to make medical decisions if you cannot.
• HIPAA authorization. Allows designated people to access your medical information.
• Living will or values statement. Expresses your wishes about end-of-life care.
• Revocable living trust. For probate avoidance and ongoing asset management.
• Beneficiary designations. For retirement accounts, life insurance, and similar non-probate assets.

The pieces should be coordinated — consistent in named representatives, consistent in distribution intent, and consistent in tax planning. A will that conflicts with beneficiary designations creates confusion and sometimes litigation.

Storing the Original

The original signed will is what gets probated. Copies do not work unless the original is lost and the proponent can prove the contents of the lost will. Storage options include:

• Attorney's office. Many attorneys retain original wills in fireproof safe storage, protecting the document and ensuring the family can locate it.
• Home safe. Convenient but vulnerable to fire, theft, and being misplaced.
• Safe deposit box. Secure but can create access problems — the box may be sealed at death until the executor obtains letters, which depends on having the will.
• Surrogate's Court will deposit. The court accepts original wills for safekeeping during the testator's lifetime, holding them sealed until presented for probate.

Whichever method is chosen, the executor and at least one close family member should know where the original is located.

When to Update

Wills should be reviewed periodically and updated when life circumstances change. Triggers for an update include marriage, divorce, or remarriage; birth or adoption of children or grandchildren; the death of a named beneficiary, executor, or guardian; significant changes in assets; major changes in tax law; a move to a different state with different probate or estate tax laws; family conflicts that affect the planning; and health changes affecting the testator. Updating is usually done by signing a new will that revokes the old one. Codicils (separate amending documents) are legally effective but increase the risk of inconsistency between documents.

What Happens If You Die Without a Will

If you die without a will, New York's intestacy statute, EPTL § 4-1.1, decides who receives your property. The order of distribution depends on which relatives survive you:

To see exactly who would inherit your estate under the statute, use our New York intestacy calculator, or read our EPTL 4-1.1 intestate succession guide.

• If you leave a spouse and children (or descendants of children), your spouse receives $50,000 plus one-half of the remaining estate, and your children receive the balance by representation.
• If you leave a spouse but no children, your spouse receives everything.
• If you leave children but no spouse, your children receive everything by representation.
• If you leave no spouse or children, your surviving parent or parents receive everything.
• If you leave no spouse, children, or parents, the estate goes to the descendants of your parents — your siblings, or their children if a sibling has died.
• If none of the above survive you, the estate is split, with one-half going to your maternal grandparents or their descendants and one-half to your paternal grandparents or their descendants, no further down than grandchildren of the grandparents.
• If no one in those categories survives, the estate goes to the great-grandchildren of your grandparents, one-half to each side, per capita.

These rules apply regardless of your actual relationships or wishes. If you want to leave property to a friend, an unmarried partner, a charity, or to relatives in different shares than the statute provides, you need a will. When you die with a valid will, the intestacy statute does not apply and your property passes according to the will's terms.

Probate, Administration, and Small Estates

Some people hesitate to make a will because a will must be admitted to probate by the Surrogate's Court before its provisions take effect. But dying without a will does not avoid court. Without a will, a relative must petition the court for letters of administration, and no one can access the decedent's bank accounts or other property until those letters are issued. The court process and legal costs are similar either way — the difference is that with a will, you decide who receives your property, rather than the statute deciding for you.

For the process itself, see our probate overview and the small estate (voluntary administration) guide.

For small estates — those under $50,000 with no real property — New York offers a simplified voluntary administration procedure whether or not the decedent left a will. If there is a will, the named executor serves as the voluntary administrator; if there is no will, the closest living heir is appointed.