What Is a Will?
A last will and testament isn’t just a document — it’s a voice for your wishes after you’re gone. Without one, your loved ones may face unnecessary court proceedings, delays, and disputes over your estate.
At Lau & Nicolello, we help families throughout New York and New Jersey create legally sound, personalized wills — so they can protect what matters most.
What Is In a Will?
A will is a legal document that outlines your wishes for:
- Who should inherit your property and assets
- Who should be the guardian of your minor children
- Who you trust to carry out your wishes (your executor)
It only takes one conversation to start creating a plan that reflects your values, your goals, and your family’s needs.
What Happens If You Don’t Have a Will?
If you pass away without a will (called dying intestate), state law decides who inherits your estate — regardless of your wishes. Your family could face:
- Time-consuming and expensive probate proceedings
- Stressful legal disputes between loved ones
- A judge choosing a guardian for your children
- Delays in distributing your property
Benefits of Having a Will
Having a will gives you control and peace of mind. Benefits include:
- Ensure your assets go to the right people
- Name a guardian you trust for your children
- Avoid family arguments and confusion
- Make probate faster and more efficient
- Name an executor to carry out your wishes
- Leave charitable gifts or set up future care plans
We Make It Easy to Get Started
Whether you need a simple will or want to combine it with other planning tools like a trust or power of attorney, our attorneys can guide you through every step.
We’re offering a FREE 15-minute phone consultation to help you understand your options and take the first step toward protecting your family.
Schedule Your Free 15-Minute Consultation Today
Speak directly with one of our estate planning attorneys — no pressure, no obligation.
Frequently Asked Questions About Wills
What is a will?
A will is a legal document that outlines how you want your property, finances, and personal matters handled after your death. It can also name a guardian for your minor children and appoint someone to carry out your wishes (your executor).
What happens if I die without a will?
If you pass away without a will (also called dying “intestate”), the laws of your state will determine who inherits your property. This may not align with your wishes, and it can create confusion, delays, and disputes for your loved ones.
Do I still need a will if I have a trust?
Yes. Even if you have a living trust, a will is still important. It can act as a backup (a “pour-over will”) to catch any assets not transferred into your trust and ensure they’re distributed according to your plan.
Can I write my own will?
While it’s legally possible to write your own will, doing so can lead to costly mistakes. A will that isn’t properly executed or doesn’t comply with state laws may be declared invalid. We strongly recommend working with an estate planning attorney.
How often should I update my will?
You should review and update your will after major life events such as marriage, divorce, the birth of a child, a significant change in assets, or if your chosen executor or beneficiaries change.
Is a will enough to avoid probate?
No, a will does not avoid probate. It simply provides instructions to the probate court. If you want to avoid probate entirely, other tools like revocable living trusts and beneficiary designations may be more appropriate. We can help you explore your options during a free consultation.