Bronx & Westchester, NY Will Attorney
Put Your Wishes in Writing and Plan With Confidence
A Last Will and Testament is one of the most important documents you can include in an estate plan. It gives you an opportunity to clearly state how certain property should be distributed after your death, identify the person you want to administer your estate, and provide instructions that reflect your wishes. Without a valid will, decisions about the distribution of estate assets may instead be determined by New York law.
At Thomas M. Denaro, Esq., we help individuals create wills that reflect their families, assets, and long-term wishes. Attorney Thomas M. Denaro brings decades of legal experience to each matter and provides direct, personalized guidance throughout the estate planning process. We take the time to discuss what you want to accomplish, explain the decisions involved, and prepare documents designed around your individual circumstances.
We assist clients in Bronx and Westchester County, NY, while also serving Nassau, Queens, Kings, Richmond, Suffolk, Rockland, Orange, Putnam, and Dutchess Counties. Whether you are preparing your first will or updating an existing document after changes in your life, we can help you put a clear plan in place.
Having a will is not limited to individuals with significant wealth. If you own a home, maintain financial accounts, have personal property, support family members, or simply want greater control over how your estate is handled, creating a will can be an important step toward protecting your intentions.
Call Thomas M. Denaro, Esq. at 718-863-6000 to schedule a consultation with a lawyer today.
What a Will Can Accomplish Under New York Law
New York's Estates, Powers and Trusts Law governs many aspects of wills and inheritance. To be effective, a will must comply with applicable legal requirements, including rules concerning how the document is executed and witnessed. A document that is incomplete or improperly executed can create complications when the estate is eventually administered.
A properly prepared will can allow you to identify the individuals or organizations you want to receive property that passes through your estate. These recipients are generally referred to as beneficiaries. You can determine how qualifying assets should be distributed rather than relying solely on the distribution rules established by state law.
Your will can also nominate an executor. The executor is responsible for handling many aspects of estate administration, which may include identifying estate property, addressing valid debts and expenses, completing required filings, and distributing assets according to the terms of the will and applicable law. Selecting someone you trust for this responsibility is an important estate planning decision.For parents of minor children, a will may also be used to nominate a guardian. Although a court ultimately considers the child's best interests when making guardianship determinations, documenting your wishes provides important guidance regarding whom you would want to care for your children.
Not every asset is controlled by a will. Life insurance policies, retirement accounts, jointly owned property, payable-on-death accounts, and assets held in certain trusts may pass according to beneficiary designations, ownership arrangements, or other legal mechanisms. We can help you understand how your will fits within your broader estate plan so that your documents and asset arrangements work together as intended.
If someone dies without a valid will, they are considered to have died intestate. New York's intestacy laws then determine how property subject to estate administration is distributed among qualifying relatives. Those statutory rules may not reflect how the person would have chosen to distribute the estate, which is one reason documenting your wishes can be so important.
Creating a Will That Reflects Your Life Today
A will should be based on your current circumstances—not simply created once and forgotten. Families, finances, property ownership, and personal priorities can change considerably over time. A document prepared many years ago may no longer accurately represent your wishes.
When you work with our firm, you work directly with an attorney. Attorney Denaro can discuss your property, family relationships, intended beneficiaries, choice of executor, and other planning considerations before preparing your will. Our approach is focused on making the process understandable so you know what your document says and why particular provisions have been included.
Certain life events can make reviewing an existing will particularly important. These may include marriage or divorce, the birth or adoption of a child, purchasing or selling a home, acquiring significant assets, the death of a beneficiary or executor, or a meaningful change in family relationships. Changes in the law can also make periodic estate plan reviews worthwhile.
Updating a will should also be handled carefully. Informally crossing out language, writing additional instructions onto an existing document, or making other changes without following required legal formalities can create questions about whether those modifications are valid. When revisions are necessary, an attorney can help determine whether an amendment or a new will is the more appropriate approach. We also encourage clients to consider a will as one part of a broader estate planning strategy. Depending on your needs, a comprehensive plan may also include trusts, powers of attorney, asset protection planning, and other documents intended to address circumstances during your lifetime as well as after your death.
At Thomas M. Denaro, Esq., our goal is to help you make thoughtful decisions now so your wishes are clearer in the future. By creating a carefully prepared will, you can take greater control over your estate, identify the people you trust to carry out your intentions, and provide important direction for those you care about.
frequently asked questions
Why should I have a will?
A will allows you to provide instructions for how certain property should be distributed after your death, nominate an executor to administer your estate, and document other important wishes. Without a valid will, New York law generally determines how property subject to estate administration is distributed.
What can I include in my will?
A will can identify beneficiaries, provide instructions for distributing qualifying estate property, nominate an executor, and address other estate planning matters. Parents may also use a will to nominate a guardian for minor children, although the court ultimately makes guardianship determinations based on applicable law.
What makes a will valid in New York?
New York law establishes requirements regarding how a will must be signed and witnessed. Because an improperly executed document may create problems during estate administration, it is important to ensure your will complies with applicable legal requirements.
Does a will control all of my property?
Not necessarily. Certain assets may pass outside of a will, including some jointly owned property, life insurance proceeds, retirement accounts, accounts with beneficiary designations, and assets held in certain trusts. Coordinating these arrangements with your overall estate plan is important.
Can I change my will after I create it?
Yes. Your will can generally be updated while you have the legal capacity to do so. However, changes should comply with New York's legal requirements. Rather than making handwritten alterations to an existing document, speak with an attorney about the appropriate way to revise your plan.
How often should I review my will?
It is a good idea to review your will periodically and after major life events such as marriage, divorce, the birth or adoption of a child, purchasing property, significant financial changes, or the death of a beneficiary or executor.
Do I need a will if I do not have significant assets?
A will can be valuable regardless of the size of your estate. It allows you to document your wishes, select an executor, identify intended beneficiaries, and provide clearer direction about how you want your affairs handled.
Have Questions About Estate Planning?
Whether you are creating a will, establishing a trust, protecting your assets, or preparing powers of attorney, thoughtful planning can help protect your wishes and provide greater clarity for the future. Call Thomas M. Denaro, Esq. at 718-863-6000 today to speak directly with an attorney about creating an estate plan tailored to your needs and goals. 24/7 Phone Availability | Hablamos Español.