Protect Your Family & Your Assets

Planning for the unexpected brings you the relief of knowing your affairs are in order, your wishes will be followed, and your family will be taken care of no matter what.

Protect your family and avoid death taxes with a Will.

Book a Free Appointment

We make it easy to get your Will done by providing a free consultation, flat fee pricing, and a supportive environment to discuss difficult topics surrounding aging, death and money. My clients take advantage of my complimentary family meetings.

The Future is Unknown. Your Estate Plan Shouldn’t Be.

We worry about the future because it is uncertain. The best way to face that fear is to gather information and learn exactly what will happen in different scenarios so that you can anticipate change.

We help you put together an affordable Will that covers every contingency so that your family is always protected.

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What is a Last Will & Testament?

A Last Will & Testament is a legal document that sets forth how and to whom your property will be distributed upon death. A properly drafted Will can also avoid estate tax, address blended family issues, provide for minor children, create creditor protection trusts for beneficiaries, and make probate easier by dispensing with the need for a bond.

Our consultations are always thorough
and always free

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

Why You Need a Will — Family Tree

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.

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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Avoid the Default Inheritance Law

If you die without a will then your assets are distributed according to New York’s Estate, Powers and Trust Law (EPTL) 4-1.1. Every state treats intestate succession differently. In New York, this means that if you are married and have children, your spouse receives the first $50,000 and then half of your remaining assets. The other half is split evenly between your children - whether they are minors or grown. This is not what most people intend - they want to provide for the spouse first and then, if there are remaining assets, to the children. Avoid intestate succession!

You Have Minor Children

If you have minor children, then the Court gets involved in how their inheritance is spent. Moreover, your minor child could inherit automatically upon reaching 21 years of age. This may be too young to inherit hundreds of thousands of dollars. In a worst case scenario and both parents die, the Court decides who will raise your children.

Not having a will creates even more pronounced problems if you operate a business, own income producing property, have a blended family, complicated family tree, or are subject to estate tax. All these issues and family strife disappear if you create a simple will or trust to ensure your assets go where you want them to go at your death.

Avoid Estate Taxes

Marital Trust – A Marital trust allows spouses to leave assets to each other without tax consequences by utilizing the unlimited marital deduction. The assets pass through the surviving spouse’s estate, getting a step up in basis but subject to estate taxes.

QTIP Trust – A QTIP trust is a type of marital trust that is usually used when there is a blended family. The spouse must be the only beneficiary of the trust during his or her lifetime and be entitled to all income generated from the trust, but the testator controls who inherits on the surviving spouse’s death.

Credit Shelter Trust – A credit shelter trust, also called a family trust, is funded with the decedent spouse’s assets up to the current estate tax exemption to capture the first to die’s estate tax exemption. It does not qualify for the marital deduction and anyone can be a beneficiary of income and principal, not just the spouse. This credit shelter trust is designed to capture the state estate tax exemption because the federal estate tax exemption can be captured by electing portability on the estate tax return.

Descendant’s or Beneficiary Trusts - Beneficiary Trusts are created upon the testator’s death and protection the beneficiary from creditor’s and divorce. The simplest method is for the beneficiary to be trustee entitled to all income generated from the trust and limit distributions of principal for health, education, maintenance or support (HEMs language in IRS jargon). Even stronger protection can be provided to the beneficiary by naming an independent trustee to make discretionary distributions.

Why You Need a Wills Attorney

Q: What is a Last Will & Testament?

A Will is a legal document that sets forth how and to whom your property will be distributed upon death. A properly drafted Will can also avoid estate tax, address blended family issues, provide for minor children, create creditor protection trusts for beneficiaries, and make probate easier by dispensing with the need for a bond.

Q: What if someone dies without a Will?

If someone dies without a Will, their assets are distributed according to the default guidelines of the laws of intestacy. If you are married with children, your spouse gets the $50,000 and half of your assets. The remaining half is split between your children.

Q: Can I leave my assets to anyone I wish?

For the most part you can leave your assets to anyone you wish. However, the only person you cannot disinherit is a spouse. Your spouse is entitled to one-third of your estate so can assert their right to this elective share if you leave them out of your Will.

Q: When should I get a Will?

You need a Will if you have minor children or a blended family, get divorced, have significant assets, or want to make sure that your assets do not pass according to your state’s intestacy statute. Most people mistakenly believe their spouse receives 100% of their assets, but that is not the case if they also have children.

Q: How often do I need to update my will?

A Will should be updated whenever there is a drastic change in the law or significant life events such as an inheritance, accident, illness, or death. That said, we can build longevity into a Last Will & Testament that can anticipate changes in the estate tax exemption and take into consideration births.

Q: What is the difference between trusts and wills?

Both Trusts and Wills direct how your assets pass upon your death. In addition, a trust can dictate how assets are distributed while you are still alive, avoid hassle of probate, and offer creditor protection.

Q: What makes a Will valid?

To be valid in New York, a Will must be signed by the testator and witnessed by two individuals who are at least 18 years of age and who do not stand to benefit under the Will.

Q: How can I contest a Will?

Only an “interested party” has legal standing to challenge a Will. An interested party is someone who would have if the deceased had died without a will, was a beneficiary in a former will, or is a beneficiary of the current will. Grounds for objection include improper execution, lack of capacity, and compelled by fraud or undue influence.

There are no small mistakes in estate planning.

For example, consider non-probate assets. Any assets held jointly with another person or which name beneficiaries do not pass through probate. This means they are not affected by a Will or the intestate succession statute. Retirement accounts and life insurance policies with valid designated beneficiaries pass automatically at death.

A good estate planning attorney coordinates non-probate assets in order to construct a comprehensive, clear picture of the estate. Some types of assets may be better suited for certain beneficiaries because of disabilities, personality, needs, and tax consequences. Additionally, failing to consider all the ways in which family and friends inherit could mean unintended consequences, unfairness and expensive court battles.

We Make the Process Simple

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

Wills Frequently Asked Questions

What if someone dies without a Will?

Can I leave my assets to anyone I wish?

When should I get a Will?

How often do I need to update my Will?

Still have a question?
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What is the difference between trusts and Wills?

Do I need a lawyer to draft a Will?

Technically you do not need a lawyer to do a Will. However, you should have a Wills and Trusts attorney draft your Last Will & Testament to avoid the many perils. A Will done by an attorney is given an assumption of validity by the court. Attorney drafted Wills also include a self-subscribing affidavit, which is signed by both witnesses in the presence of a notary. Without the self-subscribing affidavit, the witnesses to a Will would have to be found when the testator died. A trust and estates attorney will take into consideration probate and non-probate assets to avoid mistakenly disinheriting an heir, avoid estate taxes, and protect beneficiary’s assets in a trust.

What makes a Will valid?

How can I contest a Will?

My
Approach

I am passionate about meeting individuals and families to discuss the future.

My work is about putting together a structure so that people can age with independence and grace, while protecting assets and leaving a legacy.

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.