Bronx Wills Attorney

A Will is one of the most fundamental estate planning tools—but it’s also one of the most misunderstood. Without a valid Will, the distribution of your estate may be left to New York’s default laws, and your wishes may not be honored. At Cavallo & Cavallo, our Bronx Wills attorneys help NY residents create clear, legally sound Wills that protect their families, preserve their intentions, and provide peace of mind.

What Is a Will?

A Last Will and Testament is a legal document that states how you want your property distributed after your death. It also allows you to:

• Name an executor to carry out your wishes
• Appoint a guardian for minor children
• Specify funeral or burial preferences
• Create testamentary trusts for beneficiaries
• Minimize family disputes by providing clear direction

A properly drafted Will ensures that your estate is handled according to your wishes—not left to chance or court discretion.

Why Having a Will Matters

Without a valid Will, you are considered to have died intestate, and your assets will be distributed according to New York’s intestacy laws. This can lead to:

• Delays and court involvement
• Distribution to unintended relatives
• Conflict among family members
• Exclusion of long-time partners or friends
• Lack of control over who handles your estate

Having a Will gives you control over your legacy and makes life easier for those you leave behind.

What Can a Will Do?

Your Will can address a wide range of personal, financial, and family matters:

• Distribute your property to individuals, charities, or organizations
• Name an executor to manage your estate
• Appoint a guardian for your minor children
• Provide for pets and name caretakers
• Create testamentary trusts for minors or special needs beneficiaries
• Make specific gifts or charitable bequests
• Provide for the care of loved ones with clear instructions

Cavallo & Cavallo ensures your Will is tailored to your goals, no matter how simple or complex.

Key Components of a Will

A well-drafted Will typically includes:

• Introduction: Identifies the document and revokes previous Wills
• Appointment of Executor: Names the person responsible for carrying out the Will’s terms
• Guardianship Clause: Names a guardian for minor children, if applicable
• Bequests and Distributions: Specifies who receives what assets
• Residuary Clause: Directs the remainder of the estate
• Testamentary Trusts: Sets up trusts that begin after your death
• Signatures and Witnesses: Meets legal requirements under New York law

We help you address each of these components in a way that reflects your values and protects your intentions.

Types of Wills

There are several different types of Wills depending on your circumstances and needs:

Simple Will

For individuals with modest estates and straightforward wishes. It names beneficiaries and an executor without complex trusts or tax planning.

Pour-Over Will

Works in conjunction with a revocable living trust. Any assets not titled in the trust “pour over” into it upon death and are distributed under the trust’s terms.

Testamentary Trust Will

Creates one or more trusts after your death to manage assets for minor children, special needs beneficiaries, or others who need oversight.

Joint or Mirror Wills

Used by married couples or partners who wish to leave their assets to each other, then to children. Often replaced today by separate Wills coordinated as part of a broader plan.

Holographic or Oral Wills

Not valid in New York. Wills must be written, signed, and properly witnessed to be accepted by the Surrogate’s Court.

Legal Requirements for a Valid Will in New York

For your Will to be valid and enforceable in New York:

• You must be at least 18 years old and of sound mind
• The Will must be in writing
• You must sign the Will (or direct someone else to do so in your presence)
• The signing must be witnessed by two disinterested adults
• Witnesses must sign within 30 days of each other

We ensure every Will we draft meets or exceeds these legal standards and is designed to withstand scrutiny.

Updating or Revoking a Will

Your Will should reflect your current life, relationships, and wishes. Common reasons to update a Will include:

• Marriage or divorce
• Birth or adoption of children or grandchildren
• Significant changes in assets or property
• Death of a named beneficiary, executor, or guardian
• Change in state residency or laws

You can revoke a Will by creating a new one or by physically destroying the original. We help you review and revise your Will to keep it current and effective.

Wills and Probate

A Will must be submitted to Surrogate’s Court after death to begin the probate process. The court verifies the Will, appoints the executor, and oversees administration of the estate.

Without a Will, the court appoints an administrator, and the estate is distributed under intestacy laws. This often leads to:

• Delays in asset distribution
• Court fees and legal expenses
• Greater potential for family disputes

With a clear Will in place, your estate moves through probate more smoothly and efficiently.

Wills vs. Trusts

While Wills and trusts both distribute assets, they serve different roles in estate planning:

Feature	Will	Trust
Goes through probate	Yes	No
Public record	Yes	No
Effective when?	After death	During life and after death
Incapacity planning	No	Yes
Controls distributions	Yes	Yes

We often recommend using both: a revocable trust to manage major assets and avoid probate, and a pour-over Will to handle any remaining items.

Frequently Asked Questions About Wills

Can I write my own Will?
Technically yes, but DIY Wills often lead to costly mistakes, legal challenges, or confusion. A professionally drafted Will is safer and more effective.

What happens if I die without a Will?
Your estate will be distributed according to New York intestacy laws. This may exclude close friends, partners, or non-biological children.

Can I disinherit someone in my Will?
Yes, but there are limits. You can disinherit most individuals, but a surviving spouse is entitled to an “elective share” unless waived.

Do I need a lawyer to make a Will in New York?
While not required by law, working with an estate planning attorney ensures that your Will complies with legal requirements and reflects your wishes.

Is a Will valid if it was signed in another state?
Most Wills signed in accordance with the laws of another state are valid in New York, but it’s best to review and update your Will when you move.

How often should I review my Will?
Every 3–5 years or after major life changes such as marriage, divorce, births, or significant asset changes.

Serving Throughout The Bronx

• Riverdale
• Spuyten Duyvil
• Pelham Bay
• Morris Park
• Throggs Neck
• Kingsbridge
• Woodlawn
• Parkchester
• Bedford Park
• Fordham

How Cavallo & Cavallo Can Help

At Cavallo & Cavallo, we’ve helped Bronx families plan their legacies for over 30 years. We listen to your goals and draft personalized Wills that provide clarity, control, and peace of mind.

Our Will-related services include:

• Drafting and reviewing Wills
• Creating testamentary trusts
• Coordinating Wills with revocable trusts and estate plans
• Updating or revoking existing Wills
• Advising executors on probate and administration

We make the process simple, respectful, and focused on what matters most—your family, your values, and your future.

Speak With a Bronx Estate Planning Attorney About Wills

Your Will is more than a document—it’s your voice, your plan, and your legacy. Contact Cavallo & Cavallo today to speak with an experienced Bronx estate planning attorney and create or update your Will with confidence and care. Protect your loved ones and your wishes with a Will that works when it matters most.