Why You Need a Will
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.
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.
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:
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.