Will Attorney in the Bronx

What a Last Will & Testament Can and Cannot Do

A last will and testament governs your probate assets: property held in your name alone. It does not control assets that pass by beneficiary designation, joint ownership with right of survivorship, or through a trust. Life insurance proceeds, retirement accounts, and jointly held real estate typically pass outside the will entirely, regardless of what the document says about them.

Within its scope, a will is a flexible instrument. It can name an executor to shepherd the estate through probate, designate a guardian for minor children, direct specific bequests of property or money, and establish testamentary trusts for beneficiaries who benefit from structured oversight. What it can’t do is address incapacity during your lifetime. That’s the role of a power of attorney and health care proxy, which complement a will as part of a complete estate plan.

For many Bronx residents with straightforward situations, a well-drafted will naming beneficiaries and an executor is sufficient. More complex estates or blended-family circumstances may call for a will coordinated with a revocable trust to achieve a fuller range of planning goals.

When to Create or Update Your Will

New York wills don’t expire, but their provisions can become outdated after major life changes. Marriage, divorce, the birth or adoption of a child, a significant shift in assets or property, the death of a named executor or beneficiary, or a move to a new state are all common reasons to revisit an existing will or create a new one.

A new, validly executed will revokes all prior wills automatically under New York law. A will can also be revoked by physically destroying it with clear intent to do so. Reviewing your will every few years, or promptly after any significant change in your family or financial situation, helps ensure the document still reflects your current circumstances and wishes.

Common Questions About Wills in New York

Do I Need a Lawyer to Make a Will in New York?

New York doesn’t require an attorney to draft a will, but attorney-supervised execution carries a presumption of due execution under state law. That presumption can reduce the risk of the will being contested or rejected at Bronx County Surrogate’s Court.

What Happens If I Die Without a Will?

Your estate passes under New York’s intestacy statutes. The Surrogate’s Court distributes assets to relatives in a fixed statutory order, which may not match your wishes and leaves no provision for unmarried partners, close friends, or charitable causes.

Can I Disinherit Someone in My New York Will?

You can disinherit most individuals. A surviving spouse, however, retains the right to an elective share of the estate under New York law unless that right has been formally waived in a valid agreement.

How Long Does Probate Take in New York?

Timelines vary. A straightforward, uncontested estate may move through probate in several months; contested estates or those with complex asset structures can take considerably longer. We can help you understand what to expect based on your specific situation.

Have more questions about drafting or updating a will? Call Jayson Lutzky at (718) 550-2881 to schedule your free consultation.