Everyone needs an Estate Plan.

Wills & Trusts are not just for the wealthy.

We understand that the thought of discussing death and money with an estate planning attorney sounds stressful. But if you do not have a Will, your assets may not go where you think.

There are things in life we cannot control but making sure our loved ones are taken care of is one we can.

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Almost every client who walks into my law office has been putting off a Will for years. Every client feels relief when we finish.

Estate planning does not have to be complicated and much of it can be done remotely. At its heart, an estate plan simply directs how your assets will be distributed at death.

Wills

Trusts

Advance Directives

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Who Are Our Clients?

"You might think it was nothing, but it definitely wasn’t. You were beyond helpful that day you drew up needed documents in a flash."
"I wanted to say on behalf of myself and my entire family – a gigantic thank you for all your efforts!!!! None of us could have done this without you. We know my father is safe and well cared for and this means the world to us – so we are indebted."
"My wife and I couldn't have asked for a better legal advisor when planning our estate documents after the birth of our first child than Jessica. She was attentive to our questions and accommodating of our schedules -- a true professional every step along the way."
"Jessica was thoughtful, kind, detailed and a pleasure to work with. Strong recommendation!"
"It was a pleasure working with Jessica and I highly recommend her. She's smart, personable, patient, and thorough… the whole process was quick and completely stress-free and I'd recommend Jessica to anyone."
"Jessica helped my husband and I with our estate planning needs was an absolute pleasure to work with. She is very prompt to respond and patient with questions, provided a quick turn around, and is a pleasure every step of the way. Very highly recommended!"

Sit down with an estate planning attorney who focuses on tailored, affordable estate planning for singles, families, artists, small business owners, and seniors.

Book online, schedule through email
or call our office at (212) 739-1736

Why You Need a Will or Trust— Family Tree

Why You Need a Will or Trust

If you die without a will, New York decides who gets what.

With no will, your estate passes by a rigid formula under New York's intestate succession law (EPTL 4-1.1). Choose your family situation below to see exactly who would inherit — and how much. It is interactive.

Surviving spouse?

Children

Example estate value

NY EPTL 4-1.1: the surviving spouse receives the first $50,000, then half of the remainder. The children split the other half equally.

This is rarely what people intend. The formula ignores your wishes, your blended family, and who actually depends on you. A simple will or trust replaces it with your decisions.

If your children are minors

The court steps in — and an inheritance lands at 21.

Now

Court oversees the funds

Paid out in full

If a minor child inherits, the court controls how that money is spent — and the child can receive the entire balance automatically at age 21. That may be far too young to hand over hundreds of thousands of dollars.

And if both parents die without naming a guardian, the court decides who raises your children.

If your situation is complex

The problems compound when more is at stake.

Intestate succession gets far messier — and family strife more likely — when you:

Own a business Hold income property Have a blended family Have a complicated family tree Are subject to estate tax

All of these issues — and the family conflict they invite — disappear when a simple will or trust directs your assets exactly where you want them to go.

You decide — not the State of New York.

A straightforward will or trust ensures your assets go where you intend, and spares your family the cost and uncertainty of intestate succession.

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We Make the Process Simple

Our Ethos

Our estate planning is flat fee, meaning you
don’t have to worry the clock is ticking when
you have questions.
More importantly, we can concentrate on
custom tailoring a plan that is perfect for you.

Our Process

1
Free 1 Hour Consultation - online or in person
2
Client Portals for Easy Communication
3
Draft Review Meetings
4
Signing Date that fits your Schedule

Estate Planning

Frequently Asked Questions

What is the biggest mistake people make in estate planning?

The biggest mistake estate planning attorneys see is the failure of families to properly allocate their assets when they have blended families. Sometimes this involves promises made to children, but never followed through on. Other times a parent leaves it up to their current spouse to provide for children from another marriage and that rarely happens.

Another devastating outcome is when a spouse is forced to share limited resources with grown children because no Will was done. I can say it is really is not about the money, loved ones who are already grieving are confronted with shocking news that the deceased did not make any provision for them.

It is perfectly acceptable and legal to disinherit children. But, please, if you have children from a prior marriage, do not rely on your spouse to leave them assets at his or her death. It rarely happens.

Do I need estate planning if I have very little assets?

Everyone has an estate because everyone has assets - the money in your bank account, your retirement account, life insurance policy, stocks, vehicle, real property, your business, and all that other stuff you have in your apartment (tangible personal property). Plus you definitely need advance directives: living will, health care proxy and power of attorney.

If you have young children you need a Will. This is because minor children cannot inherit assets directly and you must designate a guardian to raise your children if you pass away prematurely.

If you have adult children and a spouse you need a Will. If you do not have a will, your grown children could inherit almost half of your estate instead of your spouse.

Do I need a Will if I am leaving everything to my spouse?

You especially need a Will if you are leaving everything to your spouse. You need a Will if you are married and any of the following is true:

You have adult children and you want your spouse to inherit everything. If you do not have a Will, your spouse gets the first $50,000.00 and splits the rest equally with your children.
You own a business - you need to specify what will happen at your death.Is it liquidated, sold or will you leave it to someone to run? If you are a professional that cannot legally leave your business to a family member - CPA/ lawyer/ doctor /architect.
You have minor children.
You or your spouse might need long term care in the future. If so, you should have a supplemental needs trust “trigger” in your Will in case the surviving spouse is receiving government benefits, such as medicaid long term care. Otherwise, the surviving spouse could lose his or her benefits.
You need advance directives, especially a well drafted durable power of attorney. This is the greatest protection in case of incapacity.
You want to avoid estate taxes. In 2026 the federal estate and gift tax is ridiculously high ($15 million per person) that it affects almost nobody. The NYS estate tax exemption is currently $7.35 million. But these exemptions may change in the not too distant future.

Do I need a revocable trust?

The value of a revocable trust is that any assets titled in the name of the revocable trust avoid probate. Probate (or Administration if no Will) is time consuming, can be expensive and takes anywhere from a few months to several years.

Traditionally a revocable trust is recommended when:

You are disinheriting a natural heir. It is much harder to challenge a trust.

You have income producing property or a business that requires seamless transition at your death. The person you named as successor Trustee can immediately take charge.

You own out-of-state property. If the property is not in a trust, you have to do a separate ancillary probate in the state where the property is located.

You want to plan now in case of incapacity later. The terms of the trust can dictate how your assets are spent, on whom, if you become unable to care for yourself due to disease, age or disability.

What should I bring to an estate planning consultation?

Most Trust and estate planning attorney will provide you with a questionnaire prior to your meeting. These common estate planning questions cover your current family situation, financial assets, real property, retirement savings, life insurance, business interests and estate planning goals. It allows us to tailor an estate plan to your individual circumstances.

To get the most out of your estate planning consultation, you should bring:

Your completed questionnaire – or at least a good idea of the value of your assets and how they are titled.
Any questions you gathered from online research and conversations with friends and family.
Any previous Wills, trusts, durable power of attorney, healthcare proxy and living will.
Any prenuptial agreements.
Your long-term care insurance policy (if applicable).
If a business owner, paperwork relating to your organizational structure.

Do I need a Will if I have minor children?

Still have a question?
Contact Us Here

Estate Planning Attorney

Let’s work together in drafting an estate plan tailored to you. Wills, Trusts, business formation - let's discuss which best suits your goals. Most of the work can be done remotely via email, Zoom, and our secure client portal.

I offer flat fee pricing to make sure we get every detail right and that you understand the process from start to finish.

Estate Planning Guides:

Artists
Seniors
Families
Small Business Owners

Book a Free Appointment Online

Office:
221 Columbia Street
Brooklyn,NY 11231

Ph. (212) 739-1736 Fax (212) 202-5263
jwilson@jessicawilsonlaw.com

*Please note that our office does not provide notary service to the public. If you drop in for notary, the attorney will accommodate you if possible. However, we do not under any circumstances take appointments or calls regarding notary services. Thank you for understanding.