Having a Will vs. Not Having a Will

What Every New Yorker Should Know About the Consequences of Dying Intestate

At The Law Offices of Nicole J. Zuvich in Babylon, NY, we often speak with clients who are unsure whether they need a will or believe it’s something they can put off for later. While it’s common to assume estate planning is only for the wealthy or elderly, the reality is that every adult can benefit from having a legally sound will in place. Without one, your loved ones could face unnecessary delays, expenses, and even disputes during an already difficult time.

In this blog, Long Island estate planning attorney Nicole J. Zuvich breaks down the key differences between having a will and not having a will, and what each scenario means for your family and your legacy.

What a Will Can Do

A will, also known as a last will and testament, is a legal document that allows you to:

• Name beneficiaries who will inherit your assets
• Appoint a guardian for minor children
• Select an executor to manage your estate
• Distribute personal property, such as family heirlooms, real estate, or investments
• Leave instructions for debts and taxes to be paid

In short, a will gives you control over how your affairs are handled after death. It ensures your wishes are clear, legally enforceable, and easier for your loved ones to carry out.

What Happens If You Die Without a Will?

When someone dies without a will, it is referred to as dying intestate. In New York, the state’s intestacy laws will determine how our estate is divided, regardless of your intentions.

Here’s what that may look like:

• If you’re married with children, your spouse doesn’t automatically inherit everything. Your spouse receives the first $50,000 and half of the remainder; your children receive the other half.
• If you’re single with no children, your assets may go to parents, siblings, or even more distant relatives.
• If no family members can be found, your estate may escheat to the state, meaning New York could inherit your assets.
• The court will appoint someone to administer your estate, and if you have minor children, a judge will decide who becomes their guardian.

Without a will, you give up the opportunity to choose who gets what and how, and you place that responsibility in the hands of the court.

Other Risks of Not Having a Will

• Higher legal fees and court costs: Probate without a will can be more complicated, lengthy, and expensive.
• Family conflict: Unclear expectations can lead to disagreements among family members.
• Lack of protection for minor children: Without a named guardian, your children’s future could be left to the court system.

Ready to Create or Update Your Will in New York?

Creating a will is one of the most thoughtful and proactive things you can do for your family. At The Law Offices of Nicole J. Zuvich in Babylon, NY, we take the time to understand your goals and guide you through every step of the estate planning process with compassion and clarity.

Whether you’re just starting out, recently married, or thinking about the future of your children or aging parents, now is the right time to act.

Contact us today to schedule a consultation. We’ll help you build a customized estate plan that gives you peace of mind and protects the people you love.