Fratello Law

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Free Estate Planning Consultation
Free Estate Planning Consultation

Last Will & Testament Attorney
in Smithtown, NY

Make Sure Your Heirs Are Planned for with the Help of an Experienced Attorney

Typewriter Last Will Document Suffolk County New York in Suffolk, New York

WHAT IS A LAST WILL & TESTAMENT?

A Last Will and Testament is a legal document that specifies how your assets will be distributed after your death, names guardians for minor children, and designates an executor to manage your estate. In New York, your will must be properly drafted, signed, and witnessed according to New York Estate Powers and Trusts Law §3-2.1 to be valid.

Without a will, New York’s intestacy laws determine who inherits your property—which rarely matches what people actually want. Your spouse receives the first $50,000 plus half of the remainder, with your children splitting the rest. The court appoints an administrator and, if you have minor children, selects their guardians.

At Fratello Law, we’ve helped Long Island families in Smithtown, Hauppauge, Syosset, Woodbury, and throughout Suffolk and Nassau Counties create valid, enforceable wills since 2012. Our estate planning attorneys ensure your will meets all New York legal requirements and clearly expresses your wishes.

📞 Ready to protect your family? Call our Smithtown office at (631) 406-5580 or Syosset office at (516) 321-4010

Schedule Your Free Consultation →

DO YOU NEED A WILL IN NEW YORK?

If you have loved ones or own any assets, you need a will. Many people throughout Suffolk County and Nassau County think wills are only for the wealthy or elderly, but that’s a dangerous misconception.

You Need a Will If You:

  • Have children — Especially minor children who need a guardian designated
  • Own a home — Even if you still have a mortgage in Smithtown, Hauppauge, Syosset, or anywhere on Long Island
  • Have any assets — Bank accounts, vehicles, personal property, investments
  • Care who inherits — Want to control who gets what
  • Want to name your executor — Choose who settles your estate
  • Have specific wishes — About funeral arrangements, family heirlooms, charitable gifts
  • Have a blended family — Need to provide for children from previous relationships
  • Own a business — Ensure smooth transition or succession
  • Want to disinherit someone — New York allows this with proper documentation

What Happens Without a Will in New York?

If you die without a will in New York (called dying “intestate”), the state decides everything—regardless of whether you’re in Suffolk County, Nassau County, or elsewhere:

Asset Distribution:

  • Spouse receives first $50,000 plus 50% of the remainder
  • Children split the remaining 50% equally
  • If no spouse or children, assets go to parents, then siblings, then other relatives
  • Unmarried partners receive nothing, regardless of relationship length

Guardianship for Minor Children:

  • The court decides who raises your minor children
  • May not choose the person you would have wanted
  • Can lead to family disputes and lengthy court battles

Executor/Administrator:

  • Court appoints an administrator (often not who you’d choose)
  • May be more expensive than your chosen executor
  • Delays the settlement process

Additional Complications:

  • Probate becomes more complex and costly
  • Family disputes are more likely
  • Your specific wishes are completely ignored
  • Everything becomes public record through court proceedings
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WHEN SHOULD YOU CREATE A WILL?

The best time to create a will is now, before you need it. Here’s when Long Island residents should definitely have a will:

LIFE STAGES

Young Adults (18-30)
  • As soon as you own assets or have dependents
  • When you buy your first home in Smithtown, Commack, Syosset, or anywhere on Long Island
  • When you get married or enter a committed partnership
  • When you have children
  • When your assets grow (retirement accounts, investments, property)
  • After major life changes (marriage, divorce, birth, adoption)
  • When you start a business
  • As your children grow (updating guardianship provisions)
  • Review and update existing will
  • Coordinate with retirement planning
  • Update beneficiary designations
  • Plan for blended family situations
  • Consider estate tax implications
  • Final review and updates
  • Ensure executors are still capable and willing
  • Coordinate with Medicaid planning if needed
  • Update for changes in family circumstances

LIFE EVENTS THAT REQUIRE
A NEW OR UPDATED WILL

  • Marriage or remarriage
  • Divorce
  • Birth or adoption of children or grandchildren
  • Death of a beneficiary, executor, or guardian
  • Significant change in assets (inheritance, sale of business, real estate purchase)
  • Move to a different state
  • Change in relationship with named beneficiaries
  • Adult children getting married or divorced
  • Diagnosis of serious illness
  • Changes in tax laws
  • Purchase of property in Suffolk or Nassau County
  • Retirement or career changes

DON’T WAIT FOR A CRISIS According to AARP, 60% of Americans don’t have a will—often because they procrastinate until it’s too late.

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- FAQ -

In New York, probate with a will typically takes 9-18 months, depending on:

  • Estate complexity
  • Whether anyone contests the will
  • Suffolk or Nassau County court schedules
  • Estate tax issues
  • Whether all beneficiaries can be located

A properly drafted will makes probate faster and less expensive than dying without one. A trust avoids probate entirely.

While online services exist, they carry significant risks. New York has specific execution requirements—if your will isn’t properly witnessed, it’s invalid. Online services can’t account for your unique family situation, address complex issues, or provide tax planning. If there’s an error, you won’t be here to fix it. A professional will preparation ensures your will actually works when your family needs it. The cost difference is minimal compared to the problems a DIY will can create.

New York does recognize handwritten (“holographic”) wills, but only for members of the armed forces in actual military service or mariners at sea. For everyone else in Suffolk County, Nassau County, and throughout New York, handwritten wills are not valid unless they meet all execution requirements (witnesses, etc.). Even then, handwritten wills are more likely to be challenged and rejected by courts. We strongly recommend professionally prepared, typed wills.

Keep the original will in a safe place:

  • Fireproof home safe (tell executor where it is)
  • Bank safe deposit box (ensure executor has access)
  • Your attorney’s office
  • Don’t: Keep your will in a bank safe deposit box if the executor doesn’t have access—banks seal boxes upon death.

Never write on or mark up a signed will—this can invalidate it. To make changes:

  • Small changes: Execute a “codicil” (formal amendment to will)
  • Major changes: Create an entirely new will that revokes the old one

Life changes that typically require will updates:

  • Marriage, divorce, remarriage
  • Birth or adoption of children
  • Death of executor, guardian, or beneficiary
  • Significant change in assets
  • Move to another state
  • Change in relationship with beneficiaries

We recommend reviewing your will every 3-5 years and after major life events.

Will contests are uncommon but can happen. Common grounds for contest:

  • Lack of mental capacity when signed
  • Undue influence
  • Improper execution
  • Fraud

To minimize contest risk:

  • Use an experienced attorney for drafting and execution
  • Ensure proper witness procedures
  • Document your mental capacity (especially for older individuals)
  • Explain unusual provisions (why you’re disinheriting someone, etc.)
  • Update regularly to show continued intent
  • Consider a “no-contest clause” (though not always enforceable in NY)

In New York, spouses have an “elective share” right—they can claim a portion of your estate regardless of what your will says (typically one-third, depending on circumstances). You cannot completely disinherit a spouse unless they waive their elective share (typically in a prenuptial or postnuptial agreement). You can, however, control how the spouse receives their share (outright vs. in trust) and how non-spouse assets are distributed.

A will valid in New York is generally recognized in other states. However, different states have different laws about estate administration, taxes, and family rights. If you move from Long Island to another state, have an attorney in your new state review your will to ensure it still accomplishes your goals and complies with local law.

WHAT OUR CLIENTS SAY

My wife and I couldn’t be happier with the Fratello Law Firm, especially Rachel and Emily. Both Rachel and Emily made our wills and estate experience so worry free, relaxing and educational. All our questions were answered in such a caring and professional manner. They made it totally worry free from start to finish.

— Michael & Susan, Smithtown

It was time to update our estate planning documents and I’m very happy we chose Fratello Law. Cheryl Fratello met with my husband and I, carefully listened to our concerns, and clearly explained our options. We later met with Rachel Katz who was conscientious and thorough in completing all our documents.

— Robert & Mary, Long Island

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DON’T WAIT — PROTECT YOUR FAMILY TODAY

Creating a will is an act of love for your family.
It’s the gift of clarity, protection, and peace of mind during one of life’s most difficult times.

TAKE THE FIRST STEP TODAY:

📞 Call (631) 406-5580 (Smithtown) or (516) 321-4010 (Syosset)

Your family will thank you.

SCHEDULE YOUR CONSULTATION TODAY