top of page

Why everyone needs a Will.

Writer's picture: Brian A. Raphan, Esq.Brian A. Raphan, Esq.

iStock_will

Not everyone has a Will. Here’s why everyone should: If you die without a Will, the people who inherit may not be those you want to get your money or personal property when you die!  This could include remote relatives who you haven’t spoken to in years.  If the Public Administrator is appointed, they will auction or dispose of your intimate personal property.  If so, your family may never have an opportunity to receive, and pass on, irreplaceable items which may have been left to you.

If you die without a Will, your estate will pass under the laws of the State of NY.  Also, your estate may be handled by the Public Administrator, rather than a trusted person you select.  If so, your heirs may be required to partake in potentially lengthy and costly legal proceedings to prove their relationships before they can inherit.  The Court will also appoint a “Guardian” for “unknown” persons.  This Guardian, along with the Public Administrator, will get a fee from your estate!  If your heirs can not prove their relationship to the Court, your estate will be paid to the State of NY.

Having a Will can ensure those you select inherit from you, reduce expenses, and expedite handling of your estate.  It also allows you to nominate an Executor, who is the person who collects your assets and delivers them to your beneficiaries.  If you have the right Executor, your estate should move swiftly. Lastly, if you already have a Will and haven’t reviewed it in over two years, now’s the time to do so to ensure your current wishes are carried out.

Comments


MEMBER:

•National Academy of Elder Law Attorneys

•American Bar Association

•New York State Bar Association

•United States District Court N.Y. Southern District

United States District Court NY Eastern District

•State of New York Unified Court System

•National Alliance of Trust & Estate Professionals

•Temple University • Cardozo Law School New York

•AARP Listed Attorney

• CLC Legal Speakers Bureau

•Better Business Bureau

Alzheimers Foundation of America

RAPHAN LAW PARTNERS, LLP   

7 Penn Plaza, 8th floor

(370 7th Avenue)

(7th Ave/31st St.)

New York, New York 10001

 

Tel: 212-268-8200

Fax: 212-244-3075
info@RaphanLaw.com

Twitter.com/NYCelderlawfirm

Elder Law News Blog

 

Legal membership accredited logos
Lawyers of Distinction in New York, Raphan Law
ssl secure website certificate

*Free consultation for new clients only. The information on this site is not, nor is it intended to be legal advice and does not automatically create an attorney/client relationship. 

On negligence and medical malpractice cases we may participate or partner with other counsel with disclosure to potential client before we or such partnering counsel accept the case.

*No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All OPT-IN requests include text messaging originator opt-in data and consent; this information will not be shared with third parties.           

© 2025  RAPHAN LAW PARTNERS, LLP

bottom of page