When clients reach out to talk about estate planning questions in NYC, the most common thing I hear is this: “I don’t even know where to start.” Estate planning can feel intimidating, especially in a city as complex as New York, but it doesn’t have to be. The truth is, creating a plan isn’t just about who gets what—it’s about protecting your loved ones, your home, and your peace of mind.
If you’ve been wondering whether you really need a will, how to name a guardian for your kids, or what happens to your apartment when you’re gone, this blog will walk you through the questions I hear most often as an estate planning attorney in New York City. You’ll learn what actually matters, what’s myth, and how to take simple, confident steps toward getting your affairs in order.
What Questions Do You Hear Most Often from New Clients?
“Do I really need a will if I’m not wealthy?”
Yes—because estate planning is not about how much money you have, but how much control you want to keep. Without a will, New York law decides who inherits your property, who raises your children, and who manages your estate. The process can take longer and cost more than if you had left clear instructions. Whether your assets total $60,000 or $6 million, the paperwork and probate process are the same—and a simple will ensures that your wishes are honored.
“What happens to my apartment or home if something happens to me?”
That depends on how your property is titled. If you own your home jointly with rights of survivorship, it passes directly to the surviving owner. But if you own it alone, it typically goes through probate unless it’s placed in a trust. Co-ops and condos often add an extra layer of complexity, and inherited family properties may require special planning to avoid disputes or delays.
If you’re unsure about how your title works or whether your home could get tied up in court, you can review this post on reasons to avoid probate—a simple explanation of why planning early prevents unnecessary red tape.
“Can’t I just write my wishes down myself?”
You can—but be careful. New York has strict legal requirements for a valid will, including specific witness signatures and wording. A single missed step can invalidate your entire plan. Many “DIY” wills cause confusion that leads families to court, often costing far more in time and legal fees than a properly prepared will would have.
“How do I protect my kids if something happens to me?”
Every parent should have:
- A will that names legal guardians.
- A standby guardianship designation that authorizes a trusted person to take custody of your children immediately.
- A power of attorney so someone can manage finances if you’re incapacitated.
- A health care proxy to make medical decisions.
- A simple trust or custodial account to hold funds for minors.
Without these, your children’s care could be left to the courts instead of to someone you trust. For more details, see our guide on five tips for choosing your child’s guardian.
“Is a trust only for the wealthy?”
Not at all. Trusts are practical tools that help everyday families avoid probate, protect privacy, and manage assets smoothly. They can:
- Prevent your assets from being tied up in court.
- Protect inheritances for young or vulnerable beneficiaries.
- Simplify ownership if you have property in multiple states.
- Help shield assets from long-term care costs or creditor claims.
A revocable living trust or “family trust” is one of the most efficient ways to manage property while you’re alive and ensure it’s transferred seamlessly when you’re gone.
Which Question Always Surprises People?
“Can’t my spouse automatically make decisions for me if I’m incapacitated?”
Surprisingly, no. In New York, your spouse cannot automatically make financial decisions for you unless you’ve signed a power of attorney. Without it, your family may need to petition the court to appoint a guardian—an emotionally and financially draining process that can take months.
To stay protected, every adult—married or single—should have:
- A Durable Power of Attorney for finances.
- A Health Care Proxy for medical decisions.
- A HIPAA authorization to access medical information.
These simple documents ensure that someone you trust can act on your behalf immediately, without waiting on court approval.
What Do You Wish Everyone Asked Before Meeting You?
“How often should I review my estate plan?”
Every three to five years—or any time life changes significantly. Marriage, divorce, the birth of a child, buying a home, or receiving an inheritance all warrant a review. Laws also evolve, especially around tax thresholds and Medicaid eligibility, so periodic updates keep your plan aligned with your goals and current legal standards.
“What happens if I do nothing?”
Doing nothing is still a decision—but it means letting the state and the courts decide everything for you. Without a plan:
- Your assets are distributed under New York’s intestacy laws, which may not reflect your wishes.
- Probate becomes a matter of public record, exposing private details.
- Guardianship and health care decisions could fall to people you wouldn’t choose.
Estate planning doesn’t have to be complicated—it just has to be done. The peace of mind that comes from knowing your family is protected is worth far more than the effort it takes to get started.
FAQs About Estate Planning in NYC
1. How much does estate planning cost in New York City?
It depends on your situation, but most families can begin with a basic plan—including a will, power of attorney, and health care proxy—for far less than they expect. Comprehensive planning with trusts or cross-border assets costs more but provides deeper protection and often saves money in the long run.
2. Can I update my will without redoing the entire document?
Yes, through a legal amendment called a codicil. However, if you’re making major changes or it’s been more than a few years, it’s often cleaner and safer to create a new will.
3. What documents are essential for New York families?
At minimum, you should have:
- A Last Will and Testament
- A Durable Power of Attorney
- A Health Care Proxy and Living Will
- (Optional but recommended) A Revocable Living Trust
Ready to Take Control of Your Plan?
If you’ve been putting off your estate plan, now is the time to start. The Village Law Firm helps families and professionals across New York create legally sound, easy-to-manage plans that protect what matters most.Schedule a consultation today to get answers tailored to your life, your family, and your future.
