Westchester Wills Attorney
Creating a Will is one of the most fundamental steps in any estate plan. Without one, New York’s intestacy laws will determine how your assets are distributed—and those decisions may not reflect your wishes. At Cavallo & Cavallo, our Westchester Wills attorneys guide NY residents through the Will-making process with clarity and care, helping ensure that your intentions are honored, your family is protected, and your estate is handled properly.
What Is a Will?
A Will, or Last Will and Testament, is a legally binding document that outlines how you want your property and personal affairs handled after your death. A Will allows you to:
- Name an executor to manage your estate
- Specify who receives your assets
- Appoint a guardian for your minor children
- Provide for pets or dependents
- Create testamentary trusts to manage inheritances
- Leave charitable gifts or specific bequests
Your Will serves as your voice when you can no longer speak—and ensures your legacy is carried out your way.
Why You Need a Will
Without a valid Will, the State of New York will decide who inherits your estate. This may not align with your family structure, relationships, or intentions. Dying intestate can also create confusion and conflict among loved ones.
Having a properly drafted Will allows you to:
- Direct your assets to specific individuals or causes
- Prevent unnecessary legal disputes
- Name trusted individuals to manage your affairs
- Ensure blended family members or non-relatives are included
- Simplify and streamline the probate process
For Westchester families of all sizes and means, a Will provides essential clarity and protection.
What a Will Can Include
Your Will can be as straightforward or as detailed as needed. We help you include:
- Asset distributions (money, real estate, personal items)
- Executor appointment and alternates
- Guardianship designation for minor children
- Charitable donations
- Trust instructions for minors, special needs, or staggered inheritances
- Burial or funeral preferences, if desired
Our goal is to create a Will that reflects your wishes clearly while complying with all applicable laws.
Types of Wills
Depending on your situation, we may recommend one of the following types of Wills:
Simple Will
Ideal for individuals with straightforward estates and no minor beneficiaries. Directs who receives what, and names an executor.
Pour-Over Will
Used in combination with a revocable trust. It transfers any assets left outside the trust into it upon death.
Testamentary Trust Will
Includes provisions to create one or more trusts after your passing—helpful for children, special needs beneficiaries, or beneficiaries with financial challenges.
Joint or Mirror Wills
Commonly used by spouses who wish to leave everything to one another, then to their children.
Note: Holographic (handwritten) or oral Wills are not legally recognized in New York except in very rare cases.
Legal Requirements for a Valid Will in New York
To be enforceable in Westchester and throughout New York, your Will must meet these basic criteria:
- You must be at least 18 years old
- You must be of sound mind and memory
- The Will must be in writing
- You must sign the Will or direct someone to sign for you
- It must be witnessed by two adults, who also sign
At Cavallo & Cavallo, we ensure that your Will is properly executed and legally sound.
When to Update Your Will
Life changes—and so should your estate plan. We recommend reviewing your Will regularly, and updating it after:
- Marriage or divorce
- Birth or adoption of children or grandchildren
- Death of a beneficiary, executor, or guardian
- Major changes in assets or health
- Relocation to or from Westchester
We help clients amend or revoke outdated Wills and create updated plans that reflect current wishes.
Probate and Wills
In New York, a Will must be submitted to the Surrogate’s Court for probate. This legal process confirms the validity of the Will and gives your executor the authority to act.
Probate can involve:
- Filing court documents
- Notifying heirs and creditors
- Collecting and appraising assets
- Paying debts, taxes, and expenses
- Distributing the remaining estate
With a properly drafted Will, probate is smoother and more efficient. Without a Will, the process becomes more complicated and the court controls who inherits your estate.
Wills vs. Trusts
Both Wills and trusts are used in estate planning, but they serve different purposes:
| Feature | Will | Trust |
|---|---|---|
| Goes through probate | Yes | No (if funded properly) |
| Public record | Yes | No |
| Effective when? | After death | During life and after death |
| Incapacity planning | No | Yes |
| Controls distributions | Yes | Yes |
In many cases, we recommend using both a Will and a trust to ensure comprehensive planning and asset protection.
Frequently Asked Questions About Wills
What happens if I die without a Will?
New York’s intestacy laws take over, distributing your assets to relatives based on a statutory order—often with unintended consequences.
Can I write my own Will?
You can, but DIY Wills often fail to meet legal standards. Errors can delay probate or result in unintended distributions.
Who should I name as my executor?
Choose someone you trust to manage your estate responsibly. This could be a spouse, adult child, relative, or even a professional.
Do I still need a Will if I have a trust?
Yes. A “pour-over Will” ensures that assets not titled in your trust are directed into it and handled properly.
Can I disinherit someone in my Will?
Yes, in most cases—though a surviving spouse has rights to an “elective share” of your estate unless waived.
Serving Throughout Westchester, NY
- Scarsdale
- Bronxville
- Larchmont
- Rye
- Chappaqua
- Pelham
- Armonk
- Mamaroneck
- Dobbs Ferry
- Tarrytown
How Cavallo & Cavallo Can Help
With over 30 years of experience serving Westchester County, Cavallo & Cavallo provides customized Will-drafting services for individuals and families of all backgrounds. We listen carefully, explain your options clearly, and create a plan that protects what you care about most.
Our Will services include:
- Drafting simple and complex Wills
- Creating testamentary trusts
- Naming executors, guardians, and alternates
- Coordinating your Will with trusts and tax plans
- Updating or revoking old Wills
We make the process efficient and straightforward—no stress, no confusion.
Talk to a Westchester Wills Attorney Today
Don’t leave your estate to chance. Contact Cavallo & Cavallo today to speak with an experienced Westchester estate planning attorney and create a Will that gives you clarity, control, and peace of mind. Your legacy deserves a plan you can trust.
