Many people in Suffolk County assume that writing a will is something they should think about after retirement, after purchasing a large home, or after accumulating substantial wealth. We believe that approach misunderstands what a will is designed to accomplish. A will is not simply a document for older or wealthy people. It is a legal tool that allows you to decide who should receive certain property, who should administer your estate, and, when you have minor children, whom you would want considered to care for them if both parents die. The better question is therefore not simply how old you should be when you write a will, but whether your current life circumstances have created responsibilities or assets that deserve legal protection.
Under New York law, the legal starting point is age 18. New York Estates, Powers and Trusts Law § 3-1.1 provides that a person who is 18 years of age or older and of sound mind and memory may dispose of real and personal property through a will. That does not mean every 18-year-old necessarily needs an elaborate estate plan. It does mean, however, that adulthood can bring legal and financial circumstances that make estate planning worthwhile much earlier than many people expect.
Turning 18 Is The Legal Starting Point, Not Necessarily The Planning Deadline
Once you reach adulthood, your financial life begins to become legally separate from your parents. You may open financial accounts, begin a career, acquire investments, purchase real estate, start a business, or accumulate valuable personal property. Even someone who does not consider himself or herself wealthy may own considerably more than expected when bank accounts, vehicles, retirement benefits, investments, digital property, and other assets are considered together.
If you die without a valid will in New York, the state does not simply allow your family to decide informally who should receive your probate property. New York Estates, Powers and Trusts Law § 4-1.1 establishes the rules of intestate succession. Those rules determine who receives property that is not otherwise transferred through a will, beneficiary designation, joint ownership arrangement, trust, or another non-probate mechanism.
For example, a young unmarried adult may assume that a longtime partner, close friend, godchild, or other important person would automatically inherit. New York intestacy law does not necessarily produce that result. The statute follows legally defined family relationships. Writing a will gives you an opportunity to make decisions based upon your own relationships and priorities rather than relying entirely upon the state's default rules.
Marriage, Children And Homeownership Are Strong Reasons To Write A Will
For many clients, the appropriate time to create a will is not tied to a particular birthday. It is tied to a major change in life.
Marriage is one such event. So is the birth or adoption of a child. Buying a home, receiving a substantial inheritance, starting a business, or building retirement savings can also make estate planning increasingly important. By the time someone has a spouse, children, and meaningful assets, postponing a will can leave important decisions unresolved.
Parents of young children have an especially strong reason to address estate planning. A will can express your wishes concerning the person you want to serve as guardian of your minor children. Although a court ultimately must act in the child's best interests, failing to document your wishes can remove an important piece of evidence concerning whom you trusted to care for your children.
A will also allows you to nominate an executor. The executor is the person responsible for administering the probate estate, addressing debts and expenses, collecting property, dealing with tax matters, and distributing assets according to the will. Choosing that person yourself can be significantly preferable to leaving the issue unresolved.
A Will Must Be Properly Executed To Accomplish Its Purpose
Writing down your wishes is not the same as creating a legally effective New York will. New York imposes specific execution requirements.
Under New York Estates, Powers and Trusts Law § 3-2.1, a will generally must be in writing and signed at the end by the testator, or by another person acting in the testator's presence and at the testator's direction. The testator must acknowledge the signature to the witnesses and declare that the document is his or her will. At least two attesting witnesses are generally required, and both must sign within the statutory 30-day period.
These formalities matter because a will is usually examined only after the person who created it has died and can no longer explain what was intended. Proper execution helps establish that the document reflects the testator's actual wishes.
This is also why we caution against assuming that a handwritten note, an online form, or a document kept on a computer automatically provides the same protection as a properly prepared and executed estate plan. The quality of the planning matters just as much as the decision to create a will.
Young Adults May Need More Than A Will
A will addresses what happens after death, but estate planning should also address what can happen during life. A serious accident, illness, or unexpected incapacity can affect a person at any age.
For that reason, we frequently discuss powers of attorney, health care planning, beneficiary designations, and other documents when working with younger clients. Someone in his or her 20s may have relatively few probate assets but still benefit from having trusted people legally authorized to assist if that person becomes unable to make financial or medical decisions.
The appropriate estate plan depends upon the individual. A 25-year-old single professional generally does not need the same plan as a 55-year-old business owner with children from two marriages. Estate planning should respond to your actual life rather than forcing every client into the same set of documents.
New York Snowbirds Should Review Their Wills Before And After A Move To Florida
Age becomes even less important when a person begins dividing time between New York and Florida. Snowbirds may acquire a Florida residence, change domicile, retitle property, or establish financial relationships in both states. Those changes can affect the administration of an estate and should prompt a review of existing planning documents.
Florida Statutes § 732.501 provides that a person who is of sound mind and is either at least 18 years old or an emancipated minor may make a will. Florida Statutes § 732.502 establishes Florida's execution requirements, including the requirement for two attesting witnesses who sign in the presence of the testator and each other.
Florida also generally recognizes a nonresident's written will when it was validly executed under the law of the state or country where it was executed, subject to statutory limitations. Even so, we do not recommend assuming that an older estate plan remains ideal simply because it may still be legally recognized. Moving, purchasing Florida property, changing domicile, or spending increasingly significant time outside New York should trigger a broader estate planning review.
The Right Time To Write A Will Is Usually Earlier Than People Think
You do not need to wait until you are wealthy, retired, or approaching a particular age to create a will. Once you have people you want to protect, property you care about, children whose future concerns you, or preferences that differ from New York's intestacy rules, you have a reason to consider estate planning.
We would rather help someone create a relatively straightforward plan early and update it as life changes than see a family discover after a death that important decisions were never documented. A will is not a prediction about when someone will die. It is a practical way to retain control over decisions that otherwise may be left to state law and the courts.
Frequently Asked Questions About When To Write A Will
Do I Need A Will If I Am Only 18 Or 21 Years Old?
Not every young adult needs an extensive estate plan, but age alone should not determine whether you have a will. If you own property, have savings or investments, operate a business, or want particular people to receive your assets, a will may already serve an important purpose. New York EPTL § 3-1.1 allows an individual who is at least 18 and of sound mind and memory to make a will.
Estate planning at this age should also consider incapacity. A young person may have greater immediate need for a power of attorney and health care planning documents than for complicated wealth-transfer planning. We look at the entire situation rather than treating the will as an isolated document.
Should I Write A Will Before I Get Married?
It can make sense to do so, particularly if you own meaningful assets or want to provide for people who would not inherit under New York intestacy law. Marriage itself is also an important reason to review an existing will because your legal and financial responsibilities have changed.
Estate planning should generally be revisited whenever a major relationship changes. Marriage, divorce, remarriage, and the death of a spouse can all affect whom you want to benefit and whom you want to place in positions of responsibility.
Should I Have A Will As Soon As I Have Children?
Having children is one of the strongest reasons to create or update an estate plan. Your concerns now extend beyond deciding who inherits property. You also need to think about who would care for minor children and how inherited assets should be managed for them.
Leaving a substantial inheritance outright to a young child is generally not the same as creating a thoughtful plan for managing those assets over time. Depending upon your circumstances, a will may work together with a testamentary trust or other planning structure to protect a child's inheritance.
Call For A Free Consultation With Our Hauppauge Wills & Estate Planning Attorney
There is no single birthday when estate planning suddenly becomes necessary. The appropriate time depends upon your family, assets, responsibilities, and the people you want to protect. At Bernard Law P.C., we help clients create estate plans that reflect their actual circumstances rather than relying on standardized plans that may not address their needs.
We work with individuals and families throughout Suffolk County from our office in Hauppauge, New York. We also assist New Yorkers and snowbirds whose estate planning concerns involve both New York and Florida.
If you are wondering whether it is time to write your first will or update an estate plan you created years ago, we can help you determine what documents make sense for your circumstances. Thoughtful planning today can give you greater control over what happens to your property and provide clearer direction for the people you care about.
Call our Suffolk County estate planning lawyer at Bernard Law P.C. at (631) 378-2500 to schedule a free consultation. We serve clients throughout Suffolk County and can assist with wills, trusts, estate planning, estate administration, tax planning, and New York-Florida snowbird estate planning.
