Fratello Law

Wills Attorney in Commack, NY

Protect Your Family's Future Today

Clear legal guidance when your family’s security matters most, from an experienced wills attorney who understands Commack families.

Estate Planning Wills Commack

Your Wishes Protected, Your Family Secure
You’ve worked hard to build something meaningful for your family. A properly drafted will ensures your assets go exactly where you want them – not where New York State decides. Without a legal will, your family faces months of uncertainty, potential disputes, and decisions made by courts instead of you. Your children’s guardianship gets decided by strangers. Your home, savings, and personal belongings get distributed according to state formulas that may not reflect your wishes. With a comprehensive will in place, you control every detail. Your chosen executor handles your affairs efficiently. Your children are cared for by people you trust. Your assets transfer smoothly to the people and causes you care about most, avoiding the delays and costs of probate court battles.

Commack Wills Lawyer Experience

Two Decades Serving Long Island Families
We have been helping Commack families navigate life’s most important legal decisions for over 20 years. We understand the unique challenges facing Long Island residents – from protecting valuable real estate to navigating New York’s complex estate tax system. Our founder, Cheryl Fratello, was recognized as a Super Lawyers Rising Star and has deep roots in the Long Island community. We’ve earned the trust of local families by providing clear guidance during difficult times, offering bilingual services in Spanish and Italian, and making ourselves accessible through home and hospital visits when needed. Commack families choose us because we take time to understand your specific situation, explain complex legal concepts in plain language, and build lasting relationships that span generations.

Will Preparation Process Commack

Simple Steps to Complete Protection
Your will preparation starts with a free consultation where we discuss your family situation, assets, and goals. We’ll explain New York’s estate laws and help you understand your options without any pressure or confusing legal jargon. Next, we draft your will and related documents, ensuring everything meets New York’s strict legal requirements. We’ll name your chosen executor, designate guardians for minor children, and structure asset distribution according to your wishes. We also coordinate with healthcare directives and powers of attorney for complete protection. Finally, we properly execute your will with required witnesses and notarization. You’ll receive clear instructions for storing and updating your documents, plus ongoing support as your life circumstances change. We’re here for questions, updates, and peace of mind whenever you need us.

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Last Will Testament Services

Complete Will Drafting and Legal Protection
Our comprehensive will services include everything needed to protect your Commack family’s future. We draft legally sound wills that clearly specify asset distribution, name executors and guardians, and minimize potential disputes among family members. For Long Island families, we pay special attention to real estate protection and New York’s estate tax implications. Many Commack residents don’t realize that estates over $6.94 million face New York’s harsh “cliff tax” system, where crossing the threshold can cost families hundreds of thousands in unnecessary taxes. We structure your estate plan to avoid these pitfalls. We also coordinate your will with related documents like healthcare proxies, powers of attorney, and trusts when beneficial. Our bilingual services serve the diverse Commack community, and we offer flexible meeting options including home visits for clients who cannot travel to our office.

Do I need a will if I don't have significant assets?

Yes, every adult in New York should have a will regardless of asset value. Even modest estates benefit from clear legal direction about who receives your belongings and who makes decisions for your minor children. Without a will, New York’s intestacy laws determine asset distribution, which may not match your wishes. For example, if you’re unmarried, your assets go to parents or siblings rather than a longtime partner. If you have children, the state decides their guardianship rather than your chosen caregiver. A will also speeds up the process for your family. Instead of navigating complex court procedures, your executor can handle affairs efficiently according to your written instructions.
Review your will every three to five years or after major life changes like marriage, divorce, births, deaths, or significant asset changes. New York law requires specific procedures for will modifications, so professional guidance ensures updates are legally valid. Major life events often require immediate will updates. Marriage may revoke previous wills under New York law. New children need guardian designations. Asset changes affect distribution plans. Moving to or from New York can impact estate tax planning. We recommend scheduling periodic reviews to ensure your will reflects current circumstances and takes advantage of any beneficial law changes. Our ongoing client relationships make updates straightforward and cost-effective.
Dying without a will means New York’s intestacy laws control asset distribution and guardianship decisions. Your estate enters probate court, creating delays, expenses, and potential family conflicts over who receives what and who cares for minor children. New York’s intestacy rules follow rigid formulas that may not reflect your wishes. Spouses receive portions but not necessarily everything. Children split remaining assets equally regardless of individual needs or circumstances. Unmarried partners receive nothing. Specific personal items go to relatives who may not value them. The court appoints an administrator to handle your estate, which costs more and takes longer than having a chosen executor. Family members may need to post bonds and navigate complex legal procedures during an already difficult time.
While New York allows self-written wills, they must meet strict legal requirements for validity. Missing signatures, improper witnessing, or unclear language can invalidate your will, leaving your family with the same problems as dying without any will at all. Professional will drafting ensures compliance with New York’s technical requirements and helps avoid common mistakes that create family disputes. We structure language clearly, coordinate with other estate planning documents, and provide proper execution procedures that courts will recognize. The cost of professional will preparation is minimal compared to the potential problems from invalid or poorly written documents. Court challenges, family disputes, and administrative delays often cost far more than proper legal guidance from the start.
New York imposes estate taxes on larger estates, but the system includes a harsh “cliff” provision that can dramatically increase tax liability. Estates over $6.94 million in 2024 may face significant taxes, and those exceeding $7.287 million lose the entire exemption. This means an estate worth $7.1 million pays far more in taxes than one worth $6.9 million – sometimes hundreds of thousands more. Proper estate planning can help minimize these taxes through strategic asset distribution, charitable giving, or trust structures. Long Island’s high real estate values often push estates into taxable territory unexpectedly. We analyze your total estate value including your home, investments, and other assets to determine if tax planning strategies would benefit your family.
Bring a list of your assets including real estate, bank accounts, investments, and valuable personal property. Include information about debts, mortgages, and other liabilities. If you have minor children, think about potential guardians and their contact information. Consider your distribution preferences – who should receive specific items or percentages of your estate. Bring names and addresses of potential executors and backup choices. If you have existing estate planning documents, bring copies for review. Don’t worry about having everything perfectly organized. Our consultation helps identify what’s important for your specific situation. We’ll guide you through the decision-making process and explain options you may not have considered.