Why Every Long Island Resident Needs a Will (And Most Don't Have One)

If you've been putting off creating a will, you're not alone

Many Long Island residents assume estate planning is something to handle later, when they're older, or after they've accumulated more assets. The reality is that if you're an adult with people or things you care about, you need a will now. Attorney Elisa Treglia has guided thousands of Nassau and Suffolk County clients through this process, and the conversation almost always starts the same way: I kept meaning to do this.

What Happens If You Die Without a Will in New York

Dying without a will is called dying "intestate," and when it happens, New York State law determines what happens to everything you own. The state's intestacy laws follow a fixed formula that may have nothing to do with your actual wishes.

For example, if you're married with children, your spouse does not automatically receive everything. Under New York law, your spouse receives the first $50,000 of your estate plus half of what remains, with the other half going to your children. If your children are minors, that inheritance may be held in a court-supervised account until they turn 18. None of this may reflect what you actually wanted.

If you're unmarried and have no children, assets may pass to parents, siblings, or more distant relatives, potentially bypassing a partner you've lived with for years or a close friend you would have chosen.

A Will Does More Than Distribute Assets

Many people think of a will primarily as a document that says who gets what. That's part of it, but a properly drafted will does much more.

It names an executor, the person responsible for managing your estate, paying debts, and carrying out your wishes. It names a guardian for any minor children, which may be the single most important decision a parent can put in writing. It can also establish a trust for minor beneficiaries so that an inheritance is managed responsibly rather than handed to an 18-year-old in a lump sum.

Attorney Treglia works with clients to think through all of these decisions carefully and draft documents that hold up and actually accomplish what they intend.

Common Reasons People Avoid Writing a Will (And Why None of Them Hold Up)

"I don't have enough assets." You don't need a large estate to need a will. Bank accounts, personal property, a car, sentimental items, and even digital assets all benefit from clear direction.

"I'm too young." Illness and accidents don't follow a schedule. Young parents especially need wills in place to ensure their children are cared for by the right people.

"It's too complicated." With an experienced attorney guiding the process, drafting a will is far simpler than most people expect. Attorney Treglia works directly with every client and makes the process straightforward from start to finish.

"I'll do it later." This is the one that results in families navigating probate court without any guidance, courts appointing guardians for children without parental input, and estates distributed in ways the deceased would never have chosen.

What to Bring to Your First Appointment

You don't need to have everything figured out before you meet with Attorney Treglia. A general sense of who you'd want to receive your assets, who you'd trust to serve as executor, and, if you have minor children, who you'd want as guardian is a good starting point. She'll walk you through the rest.

For most clients, a basic estate plan that includes a will, a durable power of attorney, and a healthcare proxy can be put in place in just a few appointments.

Don't Leave Your Family Without a Plan

A will is one of the most thoughtful things you can do for the people you love. It removes uncertainty, reduces conflict, and ensures that your wishes are honored rather than guessed at.

Call Law Office of Elisa Treglia, PLLC at (516) 847-0267 to schedule your free consultation. Attorney Treglia serves clients throughout Nassau and Suffolk Counties from her Hauppauge office and will help you put a plan in place that gives you and your family real peace of mind. Visit tregliaattorney.com to learn more.

Attorney Advertising. This content is for informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. Consult a qualified attorney regarding your specific situation.