Weinstein & Randisi
Toll free:800-768-1780

Resize the Content Text

The importance of a will under New York law

Although most of us dread thinking about our mortality, the fact remains that one day we will all eventually move on and leave other family members behind. Even if you don't own much property or assets, taking the time to create a will before you pass can save your family members time and money. It may prevent long-standing animosities between family members from forming.

In New York, a will is simply a document created by you, the testator, for the benefit of others, called beneficiaries. Generally, a will is created with the help of an attorney who will assist you in developing an estate plan that may include trusts and other powers of attorneys. However, in cases where individuals have few assets and properties to bequeath, a will may be sufficient to convey those items to the appropriate beneficiaries.

Currently under New York law, a person who dies without a will is considered "intestate". In those cases, the state will determine the division of your property and assets, as well as their proportions, amongst your surviving family members. If you die intestate and you are married, then your spouse will inherit your entire estate. If you pass away intestate and are married with children, your spouse will automatically get $50,000 and then half of the remaining balance of your estate. Your children will then get the other half of the estate. If you die intestate with without a surviving spouse, then your estate will be divided equally amongst your children.

As you can see, what New York State thinks is an appropriate distribution schedule may not necessarily align with how you would distribute your estate amongst your family. That is precisely why drafting a will now is so vital.

Although based in Rochester, our law firm has been assisting clients throughout much of New York State with their estate planning needs for over 50 years. We realize that many people fail to form wills simply because they fear hefty legal fees from simple consultations with an attorney. That is why our law firm uses a-flat-fee-structure. That way, you know right up front which services we can provide for you and how much they cost. We believe that transparency in our billing practices allows us to provide you with more compassionate, personalized and professional estate planning assistance. We look forward to helping you preserve your legacy.

Source: Nov. 30, -0001

No Comments

Leave a comment
Comment Information
  • I wanted to write to say how pleased my wife and I were at your professional handling of our estate planning and preparation of new wills. We were put at ease by your visit to our home for an interview and were pleased that you listened to us and captured the things that we felt were important.

    --Robert and Christine Simonson, Fairport
  • In order to finalize the documents we came to your office and were greeted in a very professional manner and we could not have asked for finer service. We left with copies of everything we needed and feel very confident our needs have been met. Thanks again. We will surely recommend you should the opportunity arise.

    — Christine and Robert Simonson, Fairport
  • I have been working with Weinstein & Randisi for about two years now. Elizabeth Randisi, through a very thorough process, has helped my wife and me determine what is really important in our lives. Thus, we were able to draft a living will that reflected our most important values regarding our estate.

    --David and Ajia Cherry, Fairport
  • I would like to give a testimony for Elizabeth Randisi, an estate attorney with Weinstein & Randisi. Her knowledge of wills and estate planning was clearly demonstrated in her presentation to us. Realizing our need for a will, my husband and I went to see Elizabeth.

    --Kathy and Gary Gray, Webster
  • Filing for Medicaid is never an easy or fun process. However, working with the Weinstein & Randisi firm made the process simple and streamlined. We were able to obtain all files and records regarding Medicaid enrollment within a few days using specially prepared checklists and verbiage recommended by our assigned paralegal.

    --Ajia and David Cherry, Fairport
Awarded Top 50 Estate Planning Blog
Email Us For a Response

How Can We Help You?

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Blog Feed


Weinstein & Randisi - estate planning

290 Linden Oaks, Ste. 200
Rochester, NY 14625

Toll Free: 800-768-1780
Phone: 585-310-1578
Rochester Law Office Map


Call us now for a free, 100% confidential consultation: