A Will That Reflects What You Actually Want
A last will and testament is one of the most direct ways to control what happens to your property, your finances, and — if you have minor children — your family after you are gone. Without one, New York State makes those decisions for you, and the results rarely match what most people would have chosen. At Vanderwoude & Roma, we help individuals and families in Putnam, Dutchess, and Westchester Counties put a clear, legally sound will in place before it is needed.
What a Last Will and Testament Actually Does
A will is a legal document that names who receives your assets, who manages your estate, and who cares for your minor children if both parents are gone. It gives you the authority to make those choices yourself rather than leaving them to a court. A properly drafted will also reduces the potential for family conflict by making your intentions unambiguous.
In New York, a will must meet specific formal requirements to be valid — including the number of witnesses, the signing process, and how the document is executed. A will that does not meet those requirements can be contested or invalidated, which defeats its purpose entirely. Working with a last will and testament attorney in NY ensures the document holds up when it matters.
What Your Will Can Cover
A well-drafted will can address far more than a list of who gets what. Depending on your situation, your will may need to speak to:
- Who inherits specific assets, including real property, financial accounts, personal belongings, and business interests
- Who serves as executor — the person responsible for managing your estate through the probate process
- Who serves as guardian for minor children if both parents are deceased
- How and when assets are distributed to younger beneficiaries
- Any specific gifts to individuals, charitable organizations, or institutions
- Instructions for paying outstanding debts, taxes, and final expenses
Every family's situation is different. We take the time to understand yours before we draft anything.
Who Needs a Will in New York
Most people assume a will is something to address later — after a major life event, after the kids are older, after things settle down. In practice, there is rarely a convenient moment, and the absence of a will creates real problems for the people left behind.
You should have a will in place if you own real property, have children, have a spouse or domestic partner, have assets you want directed to specific people, or have someone in your life who depends on you financially. If you have recently gone through a divorce, your existing will almost certainly needs to be reviewed and updated — beneficiary designations and executor appointments made during a marriage do not automatically reflect your current wishes.
How We Approach Will Drafting
We do not hand you a standard form and call it a will. We start by understanding your family structure, your assets, and what you are trying to accomplish. Then we draft a document that reflects your actual situation and satisfies New York's legal requirements.
If your estate planning needs go beyond a will — a trust to manage how assets pass to children, a power of attorney for financial decisions, or a healthcare proxy for medical situations — we can address those in the same conversation. Many clients who come to us for a will leave with a more complete plan than they expected, without the process being more complicated than it needed to be.
Working Directly with Your Attorney from Start to Finish
When you work with Vanderwoude & Roma, you speak with Neil or Gerald directly — not a paralegal, not a case manager, not someone who will hand your file off after the intake call. That matters in estate planning because the questions that come up during drafting are often the most important ones, and they deserve a direct answer from someone who knows your situation.
We are located in Stormville, NY, on the Putnam-Dutchess County border, and we serve clients throughout Putnam County, Dutchess County, and Westchester County.
What Happens If You Die Without a Will in New York
Does a will avoid probate in New York?
A will does not avoid probate — it guides the probate process. Your executor uses the will to manage and distribute your estate through the Surrogate's Court. If avoiding probate is a priority, a revocable living trust may be a better fit, and we can discuss both options during your consultation.Can I write my own will in New York?
New York does not recognize handwritten wills. A valid will must be signed in the presence of at least two witnesses who also sign the document. Errors in execution — even minor ones — can give grounds to contest the will or have it declared invalid. An attorney-drafted will eliminates that risk.How often should I update my will?
You should review your will after any significant life change — marriage, divorce, the birth of a child, the death of a named beneficiary or executor, a major change in assets, or a move across state lines. For most people, a review every three to five years is a reasonable baseline even without a triggering event.What is the difference between an executor and a trustee?
An executor manages your estate through the probate process — gathering assets, paying debts, and distributing what remains according to your will. A trustee manages assets held in a trust, which may operate for years after your death. Some people name the same person in both roles; others do not. We help you think through who is best suited for each responsibility.Does my will cover everything I own?
Not necessarily. Assets with named beneficiaries — such as life insurance policies, retirement accounts, and jointly held property — pass outside of your will regardless of what the will says. A complete estate plan accounts for both your will and your beneficiary designations to make sure they work together.
Start With a Conversation
A will does not have to be complicated to be effective, and getting one in place does not have to take long. We offer a free initial consultation to help you understand what you need and what the process looks like. Reach out by phone or through our contact form and we will get you scheduled.