Fratello Law

Wills Attorney in Hempstead, NY

Your Family's Future Deserves Legal Protection

Clear wills that protect your assets and ensure your wishes are followed, not the state’s decisions.

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Estate Planning Attorney Hempstead

What Happens When Your Will Actually Works

Your family won’t spend months waiting for a judge to decide who gets what. They won’t argue over your intentions because everything is crystal clear in writing.

Your children will have the guardian you chose, not someone the court picks. Your assets will go exactly where you want them to go—to the people you care about most, not distant relatives you barely know.

The probate process becomes straightforward instead of a nightmare. Your executor can handle everything efficiently because you’ve given them the proper legal authority and clear instructions.

Hempstead Wills and Trusts Lawyer

Local Attorneys Who Know Nassau County Law

We have been serving Long Island families for years, understanding the unique needs of Hempstead residents. We know that many families here are multi-generational, often caring for aging parents while raising children.

With offices in both Smithtown and Syosset, we’re familiar with Nassau County’s legal requirements and local considerations. We offer services in Spanish and Italian, recognizing Hempstead’s diverse community where nearly half the population speaks a language other than English at home.

We provide home visits for clients who can’t travel, understanding that many Hempstead families juggle demanding schedules and caregiving responsibilities.

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Will Preparation Process Nassau County

How We Create Your Legal Will

First, you’ll meet with an attorney to discuss your specific situation—your assets, your family, your concerns. This consultation is always free, and you can do it by phone, video, or in person.

Next, we’ll explain your options and recommend the most appropriate approach for your circumstances. We’ll draft your will using clear language that meets New York State requirements, ensuring it’s legally enforceable.

Finally, you’ll review the document, make any necessary changes, and sign it with proper witnesses. We’ll explain where to store your will and how to update it when your life changes.

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Last Will and Testament Hempstead

What Your Will Should Actually Include

Your will needs to cover asset distribution, naming specific beneficiaries for your property, bank accounts, and personal belongings. It should designate an executor you trust to handle your affairs and, if you have minor children, name a guardian for them.

In Hempstead, where the median home value is over $440,000, proper real estate planning is crucial. Your will should address how your home will be handled—whether it goes to your spouse, gets sold and divided, or transfers to your children.

For families with aging parents, your will should coordinate with broader estate planning that might include Medicaid planning and long-term care considerations. Many Hempstead residents are caring for multiple generations, so your will should reflect these complex family dynamics.

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What happens if I die without a will in New York?

New York’s intestacy laws will determine who gets your assets, and it’s probably not what you’d want. If you’re married with children, your spouse gets the first $50,000 plus half of everything else. Your children split the remaining half. If you’re unmarried, your assets go to your children equally. If you have no children, your parents inherit everything. If your parents are deceased, your siblings get everything. Friends, step-children, and charities you care about get nothing. The court will also choose a guardian for your minor children, which might not be the person you’d select. This entire process happens through probate court, which takes months and costs thousands of dollars.
A simple will typically costs between $500 and $1,500, depending on your situation’s complexity. If you need additional documents like trusts, powers of attorney, or health care directives, expect to pay more. However, the cost of not having a will is much higher. Probate without a will can cost 3-7% of your estate’s value in legal fees and court costs. For a typical Hempstead home worth $440,000, that’s $13,000-$30,000 in unnecessary expenses. We offer free consultations, so you’ll know exactly what your will costs before committing to anything. We can also create estate planning packages that include multiple documents at a reduced rate.
Technically yes, but it’s risky. New York has strict requirements for will execution—it must be signed by you and witnessed by two people who aren’t beneficiaries. If you mess up the signing process, your will might be invalid. Online services don’t understand New York’s specific laws or your unique situation. They can’t advise you on tax implications, asset protection strategies, or how to handle complex family dynamics. A poorly written will often costs more to fix in probate court than it would have cost to do it right the first time. We see families spend tens of thousands of dollars fighting over unclear language that could have been avoided with proper legal drafting.
Review your will every 3-5 years or whenever you have a major life change. Marriage, divorce, births, deaths, significant changes in assets, or moving to a different state all require will updates. In New York, if you get married after creating your will, your spouse automatically gets a share of your estate even if they’re not mentioned in the will. If you get divorced, your ex-spouse is automatically removed as a beneficiary. If you move from New York to another state, your will should be reviewed to ensure it complies with your new state’s laws. Some states have different requirements for will execution or different rules about asset distribution.
A will only takes effect after you die and must go through probate court. A trust can be used during your lifetime and often avoids probate entirely, saving time and money for your beneficiaries. Trusts offer more control over when and how your assets are distributed. You can specify that children receive their inheritance at certain ages, or that assets are used only for education or healthcare. Wills can’t provide this level of ongoing control. However, trusts are more expensive to create and maintain. For many families, a well-drafted will combined with other estate planning documents provides adequate protection at a lower cost. We can help you determine which approach makes sense for your situation.
Yes, because even small estates can create big problems without proper planning. If you own a home, have minor children, or want assets to go to specific people, you need a legally valid will. New York’s “small estate” procedures only apply to estates worth less than $50,000, which doesn’t include most homeowners. Even if your estate qualifies, your family still needs to navigate court procedures that are easier with proper documentation. We can also help you identify assets you might have overlooked, such as life insurance policies, retirement accounts, or business interests. We can ensure your will coordinates with these assets and doesn’t accidentally create conflicts or tax problems.

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