Will Attorney Serving Nassau County and Long Island
A will is one of the most important legal documents you will ever sign — and one of the most commonly delayed. Without a valid will in place, New York's intestacy laws determine who inherits your assets, who manages your estate, and who raises your children. Those decisions belong to you, not to a statutory formula. Aronow Law P.C. drafts last wills and testaments for Nassau County and Long Island residents that meet New York's execution requirements, account for your specific circumstances, and hold up when they are needed most.
A Will Drafted by an Attorney Meets New York's Execution Requirements • Without a Valid Will, New York's Intestacy Laws Decide What Happens to Your Estate • Attorney-Prepared Wills Are Significantly Harder to Contest Than Form Documents • Drafting Typically Completed in a Single Meeting • Free Consultations With No Time Limit
A Will Drafted by an Attorney Meets New York's Execution Requirements • Without a Valid Will, New York's Intestacy Laws Decide What Happens to Your Estate • Attorney-Prepared Wills Are Significantly Harder to Contest Than Form Documents • Drafting Typically Completed in a Single Meeting • Free Consultations With No Time Limit
What a Last Will and Testament Does in New York
A last will and testament is a legal document that specifies how your assets are to be distributed after your death, who is responsible for carrying out those instructions, and — if you have minor children — who you have designated as their guardian. It becomes operative only upon your death and must be admitted to probate before its instructions are carried out.
A properly executed will gives you control over decisions that will otherwise be made for you:
- Who inherits your real estate, bank accounts, investments, and personal property
- Who serves as executor to manage the estate administration process
- Who is named as guardian for your minor children if both parents are deceased
- Whether specific assets go to specific individuals, charities, or organizations
- How and when assets are distributed to beneficiaries — including conditions or age-based distributions
Without a will, none of these preferences are legally documented. New York's intestacy statute distributes your estate according to a fixed formula based on family relationship — which may bear no resemblance to what you would have chosen.
New York's Will Execution Requirements — What Makes a Will Valid
A will that does not meet New York's formal execution requirements is not valid — regardless of what it says or who signed it. New York Estates, Powers and Trusts Law (EPTL) § 3-2.1 sets out the requirements for a valid will:
- The will must be in writing and signed by the testator — the person whose will it is — at the end of the document
- The testator must sign in the presence of at least two witnesses, or acknowledge the signature to them
- The testator must declare to the witnesses that the document is their will
- Both witnesses must sign the will in the presence of the testator within 30 days of each other
- Witnesses should be disinterested — meaning they do not stand to inherit under the will — to avoid the risk of their bequest being voided
An attorney-prepared will is executed under conditions that meet every one of these requirements. A self-prepared will, a form downloaded from the internet, or a handwritten document frequently fails on one or more of these points — and the failure is discovered only after the testator has died and it is too late to correct.
What the Florida Divorce Process Looks Like
In many states, one attorney or a title company handles the entire closing. New York operates differently. Buyers have their own attorney. Sellers have their own attorney. The lender has its own attorney. Each represents their own client's interests, and those interests are not always aligned.
A buyer whose attorney is also the seller's attorney — or who is relying on the title company to catch problems — has no independent advocate in the transaction. In a state where real estate documents carry long-term legal obligations, that is a meaningful gap. Aronow Law represents one side of the transaction and one client's interests only.
Understanding how agreement—or conflict—shapes the process.
What Chapter 7 Cannot Discharge
Why Wills Get Challenged — and How Attorney Drafting Reduces That Risk
A will can be contested in New York Surrogate's Court on several grounds. Understanding what those grounds are helps explain why the process of drafting matters as much as the document itself.
Lack of Testamentary Capacity
To make a valid will in New York, the testator must be at least 18 years old and of sound mind — meaning they understand the nature of making a will, know the general character and extent of their property, and understand who their natural heirs are. A will executed when the testator was experiencing cognitive decline, dementia, or a condition that impaired their understanding can be challenged on capacity grounds. An attorney who meets with the client, evaluates their understanding, and documents the circumstances of execution creates a contemporaneous record that supports capacity in any later challenge.
Undue Influence
A will can be challenged on the grounds that the testator was pressured or manipulated into making a bequest — or changing one — by a person who stood to benefit. Undue influence claims are most common in situations where a caregiver, a family member with significant control over the testator's life, or a late-added beneficiary appears in a will that was changed shortly before death. An attorney who works independently with the testator — without the presence of a potential influencer during the meeting — provides a documented, neutral drafting environment that is harder to challenge on these grounds.
Improper Execution
A will that was not properly witnessed, not signed correctly, or not executed in compliance with EPTL § 3-2.1 can be declared invalid on execution grounds. This is the most preventable basis for a will contest — and the one most likely to invalidate a self-prepared document. Attorney-supervised execution eliminates this risk.
Wills and Revocable Living Trusts: Often Used Together
A will and a revocable living trust are not competing documents — they are frequently used together as part of a complete estate plan. A revocable trust holds assets during your lifetime and transfers them to beneficiaries after death without going through probate. A will — often called a pour-over will in this context — captures any assets not transferred into the trust during your lifetime and directs them into the trust at death, ensuring the full estate is distributed consistently.
For Nassau County residents with real estate, investment accounts, or a desire to keep the distribution of their estate private and out of the probate record, a will combined with a revocable trust is often the most complete approach.
Frequently Asked Questions About Wills in Nassau County
How do I make a will in New York?
A valid will in New York must be in writing, signed by you at the end of the document, and witnessed by two disinterested witnesses who are present at the same time. You must declare to the witnesses that the document is your will, and the witnesses must sign within 30 days of each other. The cleanest and most reliable way to meet all of these requirements is to have the will drafted and executed with an attorney present. Aronow Law handles the drafting and supervises the execution in a single meeting for most clients.
What makes a will valid in New York?
A will is valid in New York when it meets the requirements of EPTL § 3-2.1: it is in writing, signed by the testator at the end, witnessed by two individuals who are present when the testator signs or acknowledges the signature, and both witnesses sign within 30 days of each other. Witnesses should be disinterested — meaning they do not inherit under the will — to avoid the risk of their bequest being disallowed. A will that fails any of these requirements may be declared invalid by the Surrogate's Court, regardless of the testator's intentions.
What happens to my estate if I die without a will in New York?
Your estate is distributed under New York's intestacy statute. A surviving spouse receives the first $50,000 and half of the remaining estate; children share the other half. If there is no spouse, children inherit everything. If there are no children, the estate passes to parents, then siblings, in a fixed order defined by statute. Stepchildren, unmarried partners, close friends, and charities receive nothing under the intestacy rules, regardless of your relationship or intentions.
How much does it cost to have a will drafted in Nassau County?
Will drafting fees at Aronow Law are discussed transparently during the initial consultation — there is no charge for the consultation itself. The fee for a will depends on the complexity of the estate and the specific provisions required. For most Nassau County residents with straightforward circumstances, will drafting is completed in a single meeting at a flat fee agreed upon in advance.
Can I use a form or a template to make my own will in New York?
You can attempt to, but the risks are significant. Form wills frequently fail New York's execution requirements, miss provisions that apply to your specific asset types or family situation, or create ambiguities that lead to disputes in Surrogate's Court. The cost of a contested will — in legal fees, time, and family conflict — far exceeds the cost of having it drafted correctly. An attorney-prepared will is executed under documented conditions that are considerably more resistant to challenge than a self-prepared document.
The Will You Keep Putting Off Is the One That Needs to Be Written Now.
Drafting a will with Aronow Law is a single meeting for most Nassau County clients. The consultation is free, the process is straightforward, and the document that results reflects your actual wishes — not New York's default rules. Aronow Law serves Nassau County and Long Island residents from the firm's Woodbury, NY office.
