What Happens to Your House If You Die Without a Will in New York?

Introduction: The High Cost of Not Planning

No one likes to think about death, but failing to plan can devastate your family. If you die without a will in New York, you lose control over one of your most valuable assets—your home. The state makes decisions for you, your family faces lengthy court processes, and the house you worked so hard to provide could end up in the wrong hands.

This comprehensive guide explains exactly what happens to your Suffolk County home if you die without a will, the legal process your family will face, and how to protect your legacy with proper estate planning.

The reality is stark: Without a will, New York’s intestate succession laws—not your wishes—determine who inherits your property. Your spouse might not get everything. Your long-term partner could get nothing. Your children might be forced to sell the family home. The probate process could cost your family $10,000-50,000+ and take 9-18 months or longer.

But there’s good news: Creating a will is straightforward, affordable, and provides invaluable peace of mind. Let’s explore what’s at stake and how to protect what matters most.

What Does “Dying Without a Will” Mean?

Understanding Intestate Succession

When someone dies without a valid will, they die “intestate.” This means:

• No legal document specifies who should inherit their property
• State law (not the deceased’s wishes) determines inheritance
• Probate court oversees the distribution of assets
• Court-appointed administrator (not chosen executor) manages the estate

Why This Matters for Your Home

Your home is likely your most valuable asset. In Suffolk County, where median home values exceed $450,000, proper planning is critical. Without a will:

• You don’t control who inherits your house
• State formulas determine distribution, which may not match your wishes
• Family conflicts can erupt over property division
• Probate costs reduce your estate’s value
• Timeline uncertainty leaves your family in limbo

The Harsh Reality

Every year in Suffolk County, hundreds of families discover their loved one died without a will. They face:

• Unexpected heirs receiving portions of the property
• Forced home sales to divide assets equally
• Family members fighting over who gets to live in the house
• Significant legal fees eating into the estate
• Long delays before anyone can legally occupy or sell the property

The good news? This is entirely preventable with basic estate planning.

How New York’s Intestate Succession Laws Work

The Legal Framework

New York’s Estates, Powers and Trusts Law (EPTL) establishes a strict hierarchy for inheritance when someone dies without a will. The law prioritizes:

1. Surviving spouse
2. Children (biological and legally adopted)
3. Parents
4. Siblings
5. More distant relatives

Important: This hierarchy doesn’t consider:

• Your actual relationship quality
• Financial need
• Who helped you most
• Your stated (but unwritten) wishes
• Non-married partners, no matter how long the relationship

The Distribution Formula

New York uses specific formulas based on who survives you:

Scenario 1: Married with Children

• Spouse receives: $50,000 + 1/2 of remaining estate
• Children receive: Other 1/2 of remaining estate (divided equally)

Scenario 2: Married, No Children

• Spouse receives: 100% of estate

Scenario 3: Single with Children

• Children receive: 100% of estate (divided equally)

Scenario 4: No Spouse, No Children

• Parents receive: 100% of estate
• If no parents: Siblings receive 100% (divided equally)
• If no siblings: More distant relatives inherit

Scenario 5: No Relatives Found

• Estate escheats to New York State (extremely rare)

What “Children” Includes

New York law recognizes:
✅ Biological children
✅ Legally adopted children
✅ Children born after your death (if conceived before)
✅ Non-marital children (with paternity established)

New York law does NOT recognize:
❌ Stepchildren (unless legally adopted)
❌ Foster children (unless legally adopted)
❌ Children you informally raised
❌ Your partner’s children

This can lead to heartbreaking situations where children you raised don’t inherit.

Real-Life Scenarios: What Could Happen to Your Suffolk County Home

Scenario 1: Married with Children from Previous Relationships

The Situation:
Maria, 58, owns a home in Brentwood worth $500,000. She’s married to Carlos for 10 years. Maria has two adult children from her first marriage. Carlos has no children. Maria never made a will, assuming Carlos would inherit everything.

What Actually Happens:

• Carlos receives: $50,000 + 1/2 of remaining estate = $275,000
• Maria’s two children receive: 1/2 of remaining estate = $225,000 (split between them)

The Problem:

• Carlos thought he’d inherit the house entirely
• He can’t afford to buy out Maria’s children’s share
• The children want their inheritance and push to sell
• The family home must be sold
• Carlos faces displacement at 65 years old
• Family relationships are destroyed

This Happened Because:
Maria assumed marriage meant automatic inheritance. New York law says otherwise.

Scenario 2: Unmarried Long-Term Partners

The Situation:
John and David lived together for 22 years in their Suffolk County home. They never married. The house is in John’s name only. John dies suddenly at 61 without a will. David assumed he’d inherit.

What Actually Happens:

• David receives: $0 (no legal relationship recognized)
• John’s adult daughter (from previous marriage) receives: 100% of estate
• David has no legal right to the home he shared for 22 years

The Nightmare:

• David must vacate the home
• He has no legal claim despite 22 years together
• Daughter can force immediate eviction
• All equity John built goes to daughter David barely knows
• David loses his home and financial security

This Happened Because:
Without marriage or a will explicitly naming David, he has zero legal rights.

Scenario 3: Single Parent with Minor Children

The Situation:
Angela, 42, is a single mother of two children (ages 8 and 12). She owns a home in Central Islip worth $380,000. She dies unexpectedly in a car accident without a will.

What Actually Happens:

• Children inherit: 100% of estate equally
• Court appoints property guardian for minor children
• Guardian manages property until children turn 18
• Home may be sold if guardian determines it’s in children’s “best interest”
• Children receive inheritance at 18 (often not mature enough for such assets)

The Problems:

• No guardian chosen by Angela—court appoints someone
• That person may not share Angela’s values or wishes
• Children might not get to stay in the family home
• Inheritance distributed at 18 (possibly poor financial timing)
• No trust to protect assets until children are more mature

This Happened Because:
Angela didn’t designate a guardian or create a trust for her children.

Scenario 4: Immigrant Family with International Complications

The Situation:
Roberto, 65, immigrated from El Salvador 30 years ago. He owns a home in Brentwood worth $425,000. He has three adult children: two in the US and one still in El Salvador. Roberto dies without a will.

What Actually Happens:

• Three children inherit: 100% equally (about $142,000 each after costs)
• US-based children want to keep the house
• El Salvador-based child wants his share in cash
• House must be sold to divide equally
• International legal complications add costs and delays

Additional Complications:

• El Salvador-based child needs US legal representation
• Notarization and translation of foreign documents required
• Potential tax complications in both countries
• Extended timeline due to international coordination
• Higher legal fees due to complexity

The Problems:

• Family conflict over keeping vs. selling
• US children lose childhood home
• International logistics delay everything 18-24+ months
• Legal fees exceed $20,000
• No one is happy with the outcome

This Happened Because:
Roberto didn’t plan for his unique family situation across borders.

Scenario 5: Blended Family Disaster

The Situation:
Patricia, 58, remarried after her first husband died. She has two adult children from her first marriage. Her second husband, Michael, has three adult children from his first marriage. They bought a house together in Ronkonkoma worth $520,000. Patricia dies without a will.

What Actually Happens:

• Michael receives: $50,000 + 1/2 of Patricia’s share = approximately $180,000
• Patricia’s two children receive: Other 1/2 of Patricia’s share = approximately $130,000 split between them
• House is owned: Michael (his original share + Patricia’s share he inherited) + Patricia’s children (their inherited portion)

The Nightmare:

• Three-way ownership between Michael and Patricia’s two children
• Michael wants to stay in the home
• Patricia’s children want to sell and get their money
• No one can agree on anything
• Partition lawsuit forces sale
• Decades of family relationships destroyed
• Legal fees exceed $30,000

This Happened Because:
Patricia didn’t create a clear plan for her blended family.

The Probate Process: What Your Family Will Face

What is Probate?

Probate is the legal process of:

• Validating a will (if one exists)
• Appointing an executor/administrator
• Identifying and valuing assets
• Paying debts and taxes
• Distributing remaining assets to heirs

When you die without a will, probate becomes more complicated and expensive.

Timeline of Intestate Probate in New York

Month 1-2: Initial Filing

• Family member petitions court to be administrator
• Court schedules initial hearing
• Notice sent to all potential heirs
• Death certificate and documentation filed

Month 3-4: Administrator Appointment

• Court hearing held
• Administrator appointed (if no disputes)
• Letters of Administration issued
• Bond may be required (costly)

Month 5-8: Estate Administration

• Administrator identifies all assets
• Home appraised
• Creditors notified (must wait 7 months for claims)
• Debts investigated
• Tax returns prepared

Month 9-12: Asset Distribution Planning

• Administrator proposes distribution plan
• Heirs review and potentially dispute
• Court hearing if disagreements
• Home may be appraised again

Month 13-18: Final Distribution

• Assets sold or transferred
• Final accounting filed with court
• Final court hearing
• Distribution to heirs
• Estate closed

Total Timeline: 9-18 months minimum

With complications: 2-5 years

Costs of Intestate Probate

Typical costs your family will face:

Court Fees:

• Filing fees: $500-1,000
• Publication fees: $200-400
• Various motion fees: $200-500
• Subtotal: $900-1,900

Legal Fees:

• Attorney retainer: $5,000-10,000
• Hourly fees: $300-500/hour
• Contested proceedings: $15,000-50,000+
• Typical total: $10,000-25,000
• Contested cases: $30,000-75,000+

Administrator Fees:

• 5% of estate value up to $100,000
• 4% of next $200,000
• 3% of next $700,000
• 2.5% of excess over $1 million
• On $500,000 estate: approximately $18,000

Other Costs:

• Home appraisal: $500-800
• Bond (insurance): 1-2% of estate annually
• Accounting fees: $2,000-5,000
• Property maintenance during probate: $1,000-3,000+
• Subtotal: $3,500-8,800+

TOTAL COSTS ON $500,000 ESTATE:

• Uncontested: $32,400-53,700 (6.5-10.7% of estate)
• Contested: $48,400-108,700+ (9.7-21.7%+ of estate)

These costs come out of your estate before your family receives anything.

Hidden Costs

Beyond direct fees, your family faces:

Property Maintenance:

• Mortgage payments during probate: $2,000-3,500/month
• Property taxes: $1,000-2,000/month
• Insurance: $200-400/month
• Utilities: $200-400/month
• Maintenance and repairs: Variable
• Total: $3,400-6,300/month

On an 18-month probate: $61,200-113,400 in carrying costs

Opportunity Costs:

• Property appreciation lost if sold at bad time
• Rental income lost if property vacant
• Investment returns lost on tied-up assets
• Family members taking unpaid time off work to deal with estate

Emotional Costs:

• Family stress and conflict
• Grief complicated by legal battles
• Relationships permanently damaged
• Health impacts from prolonged stress

Special Considerations for Immigrant Families

Non-Citizens Can Own Property

Important: Legal status does not affect your right to own real estate in New York. You can own property if you are:

✅ Lawful Permanent Resident (Green Card holder)
✅ Visa holder (student, work, etc.)
✅ Undocumented immigrant
✅ DACA recipient
✅ TPS holder

Property ownership is a civil matter, separate from immigration law.

But Estate Planning Gets Complicated

Immigration status creates unique challenges:

For Property Owners:

• Estate planning more critical (can’t easily “come back” to fix things)
• International heirs face additional complications
• Tax treaties may apply
• Foreign property may also be involved

For Heirs:

• Heirs abroad may need to enter US to handle estate
• Visa requirements can delay process
• Some heirs may be unable to enter US
• Power of attorney and remote handling may be necessary

Heirs Outside the United States

If your heirs live abroad, they face:

Legal Complications:

• Must hire US attorney (costly)
• Documents must be translated and notarized
• Foreign notarization requirements
• Apostille certifications needed
• International mail delays

Tax Complications:

• US estate tax may apply
• Foreign country may also tax inheritance
• Tax treaty provisions must be researched
• Multiple tax returns in multiple countries
• Currency exchange issues

Practical Complications:

• Banking access difficult from abroad
• Property management challenging
• Decision-making delayed by time zones
• Communication barriers
• Higher costs due to complexity

Timeline Extension:

• Add 6-12 months to normal probate timeline
• International coordination takes time
• Document authentication slow
• Multiple jurisdictions involved

Protecting Your Family Across Borders

Special Planning Needed:

• Will must address international heirs explicitly
• Consider naming US-based executor
• Provide clear instructions for international coordination
• Consider life insurance to provide immediate cash
• Document location and access information
• Consult with attorney experienced in international estates
• Consider tax implications in multiple countries

Community Resources

Arvy Realty partners with immigration-friendly estate planning attorneys who:

• Understand immigrant family dynamics
• Have experience with international estates
• Can advise on cross-border issues
• Speak multiple languages
• Offer culturally sensitive planning
• Understand unique challenges faced by immigrant families

Call (631) 617-5135 for trusted referrals.

Why You Might Think You Don’t Need a Will (And Why You’re Wrong)

Myth #1: “My Spouse Will Get Everything Automatically”

Reality: Only if you have no children. If you have children (even adult children), your spouse shares the inheritance.

Example:
Your $500,000 home:

• Spouse: $275,000
• Children: $225,000

Your spouse must buy out the children or sell the home.

Myth #2: “My Partner and I Are Like Married, So It’s the Same”

Reality: New York does not recognize common-law marriage (except in very specific circumstances). Without marriage or a will, your partner inherits nothing.

Doesn’t matter:

• How long you’ve been together
• Whether you have children together
• Whether everyone thinks of you as married
• Whether you share finances

Without legal marriage or a will, your partner gets $0.

Myth #3: “I’m Too Young to Worry About This”

Reality: 22% of Americans who die in their 40s die without a will. Unexpected death doesn’t discriminate by age.

• Car accidents
• Sudden illness
• Medical emergencies
• COVID-19 and other diseases

If you own property, you need a will—regardless of age.

Myth #4: “Making a Will is Too Expensive”

Reality: A basic will costs $500-2,000. Probate without a will costs your family $30,000-100,000+.

Investment comparison:

• Will: $1,000 (one-time)
• Intestate probate: $50,000+ (paid by your family from your estate)

A will saves your family 25-50x its cost.

Myth #5: “My Family Won’t Fight—We Get Along”

Reality: 70% of families experience conflict during estate settlement. Money changes people.

Even loving families fight over:

• Who gets the house
• Whether to sell or keep it
• Who gets to live there
• Who pays expenses during probate
• Fair division of sentimental items
• Perceived unfairness in distribution

A clear will prevents these conflicts.

Myth #6: “I’ll Do It Later—I Have Time”

Reality: 60% of Americans die without a will—most assuming they had more time.

Tomorrow is not guaranteed. Creating a will takes a few hours. The peace of mind is priceless.

The Simple Solution: Creating a Will

What a Will Does

A properly drafted will allows you to:

Control Distribution:
✅ Decide exactly who inherits your home
✅ Specify percentages or specific gifts
✅ Include non-relatives if desired
✅ Exclude relatives if appropriate
✅ Address complex family situations

Protect Your Family:
✅ Name guardian for minor children
✅ Create trusts for young or vulnerable heirs
✅ Protect assets from creditors
✅ Minimize family conflict
✅ Speed up the probate process

Reduce Costs:
✅ Typically 50-70% less expensive than intestate probate
✅ Faster process means lower carrying costs
✅ Clearer instructions reduce disputes
✅ Named executor often works for reduced fee

Provide Peace of Mind:
✅ Know your wishes will be honored
✅ Protect those you love
✅ Leave a legacy, not a mess
✅ Sleep better knowing it’s handled

What Should Be in Your Will

Essential Elements:

1. Identification

• Your full legal name
• Address
• Statement that you’re of sound mind
• Revocation of previous wills

2. Executor Appointment

• Name your executor (person who handles your estate)
• Name backup executor
• Grant necessary powers

3. Property Distribution

• Specific bequests (the house to X, car to Y)
• Residuary clause (everything else to Z)
• Contingent beneficiaries (if first choice predeceases you)

4. Guardian for Minor Children (if applicable)

• Name guardian for children under 18
• Name backup guardian
• Consider separate property guardian if needed

5. Trust Provisions (if needed)

• Create trust for minor children
• Specify age for distribution (21, 25, 30, etc.)
• Name trustee to manage

6. Signature and Witnesses

• Your signature
• Date
• Two witnesses (who are not beneficiaries)
• Self-proving affidavit (speeds up probate)

Types of Wills

Simple Will:

• Basic distribution instructions
• Cost: $500-1,500
• Good for: Straightforward situations
• Process time: 1-2 hours + attorney prep

Complex Will:

• Multiple beneficiaries
• Trust provisions
• Tax planning
• Cost: $1,500-5,000
• Good for: Larger estates, complex families
• Process time: 2-4 hours + extensive attorney prep

Pour-Over Will:

• Works with revocable living trust
• “Pours” assets into trust at death
• Cost: $2,000-5,000 (with trust)
• Good for: Privacy, avoiding probate
• Process time: 3-6 hours + extensive attorney prep

The Process of Creating a Will

Step 1: Choose Your Strategy

• DIY (not recommended)
• Online legal service ($100-300, basic only)
• Attorney (recommended, $500-5,000)

Step 2: Gather Information

• List all assets and values
• List all debts
• Names and addresses of beneficiaries
• Guardian choices for children
• Executor choices

Step 3: Make Key Decisions

• Who gets what
• Who serves as executor
• Guardian for children (if applicable)
• Trust provisions (if needed)
• Specific bequests vs. percentages

Step 4: Draft the Will

• Attorney drafts based on your wishes
• Review draft carefully
• Request changes if needed
• Final draft prepared

Step 5: Execute Properly

• Sign in front of two witnesses
• Witnesses must also sign
• Notarize self-proving affidavit
• Store original safely

Step 6: Communicate

• Tell executor where will is stored
• Share general plan with family (optional but helpful)
• Provide attorney’s contact info to key people

Total Time Investment: 3-8 hours spread over 1-2 weeks

Total Cost: $500-5,000 (saves family $30,000-100,000+)

Common Will Provisions for Your Home

Option 1: Leave to Spouse Entirely

Option 2: Leave to Children Equally

Option 3: Specific Person with Right to Purchase

Option 4: Trust for Minor Children

Option 5: Life Estate

Your attorney will help you choose the right approach for your situation.

Beyond the Will: Comprehensive Estate Planning

Other Essential Documents

A will alone isn’t enough. You also need:

1. Healthcare Proxy

• Names someone to make medical decisions if you can’t
• Critical for end-of-life decisions
• Cost: Often free or $100-200

2. Living Will

• States your wishes for end-of-life care
• Removes burden from family
• Cost: Often free or $100-200

3. Power of Attorney

• Names someone to handle finances if you’re incapacitated
• Prevents need for guardianship proceedings
• Cost: $200-500

4. HIPAA Authorization

• Allows designated people to access your medical information
• Important for healthcare coordination
• Cost: Often free or included with other documents

Consider a Living Trust

Benefits of a Revocable Living Trust:

✅ Avoids probate entirely (major advantage)
✅ Provides privacy (no public court proceedings)
✅ Allows management if you become incapacitated
✅ Can be changed or revoked anytime
✅ Provides continuity of asset management
✅ May reduce estate administration costs significantly

How It Works:

1. You create the trust
2. You transfer your home (and other assets) into the trust
3. You serve as trustee while alive
4. You name successor trustee
5. At your death, successor trustee distributes assets per trust terms
6. No probate needed for trust assets

Cost: $2,000-5,000

Good For:

• Larger estates
• Privacy concerns
• Complex families
• Avoiding probate delays
• Incapacity planning

Not Right For Everyone:

• Requires transferring assets into trust
• Ongoing management needed
• May complicate refinancing
• May have Medicaid implications

Discuss with your attorney whether a trust makes sense for you.

Beneficiary Designations

Don’t Forget:

Some assets pass outside your will via beneficiary designation:

• Life insurance
• Retirement accounts (401(k), IRA)
• Payable-on-death (POD) bank accounts
• Transfer-on-death (TOD) securities accounts

Review these regularly to ensure they align with your will.

Caution: Beneficiary designations override your will. If your will says one thing and your beneficiary designation says another, the beneficiary designation wins.

Regular Updates

Update your will when:

• You marry or divorce
• Children are born or adopted
• You move to a different state
• Beneficiaries die
• Your executor becomes unable to serve
• Your financial situation changes significantly
• Tax laws change
• Family relationships change
• Every 3-5 years (general review)

Outdated wills can be as bad as no will at all.

Taking Action: Your Step-by-Step Plan

This Week

☐ Acknowledge the Importance

• Recognize you need a will
• Commit to taking action
• Schedule time for planning

☐ Start Gathering Information

• List all assets (home, cars, accounts, etc.)
• List all debts
• Identify beneficiaries
• Consider guardian choices

☐ Research Attorneys

• Ask for referrals
• Check online reviews
• Verify credentials
• Compare fees

Next Week

☐ Schedule Attorney Consultation

• Many offer free initial consultations
• Bring your asset list
• Bring list of questions
• Be prepared to discuss family situation

☐ Make Key Decisions

• Who inherits what
• Who serves as executor
• Guardian for children (if applicable)
• Trust provisions (if needed)

☐ Provide Information to Attorney

• Complete client questionnaire
• Provide requested documents
• Answer any clarifying questions

Within 30 Days

☐ Review Draft Will

• Read carefully
• Ask questions about anything unclear
• Request changes if needed
• Approve final version

☐ Execute the Will Properly

• Sign in front of two witnesses
• Ensure witnesses sign
• Notarize self-proving affidavit
• Get conformed copies

☐ Store and Communicate

• Store original in safe place
• Give copy to executor
• Tell family where original is kept
• Provide attorney’s contact info

Ongoing

☐ Review Annually

• Check if anything has changed
• Update beneficiary designations
• Consider whether will needs revision

☐ Update as Needed

• After major life events
• After significant financial changes
• Every 3-5 years minimum

Frequently Asked Questions

Q: Can I write my own will?

A: New York recognizes handwritten (holographic) wills only if made by:

• Members of the armed forces during armed conflict
• Mariners at sea

For everyone else, a will must be:

• Typed
• Signed by you
• Witnessed by two people

DIY wills and online templates are risky:

• May not comply with NY law
• May have unclear language leading to disputes
• May not address your specific situation
• May be challenged in court
• Small errors can invalidate entire will

An attorney-drafted will costs $500-2,000 but prevents $30,000-100,000+ in problems.

Q: Do I need a lawyer, or can I use an online service?

Online services ($100-300) might work for:

• Very simple situations
• Young people with minimal assets
• No children
• No complicated family dynamics

You should use an attorney if:

• You own real estate (like most Suffolk County homeowners)
• You have children
• You have significant assets
• Your family situation is complex
• You have any questions or concerns

The cost difference is minimal compared to the protection an attorney provides.

Q: How much does a will cost in New York?

Typical costs:

• Simple will: $500-1,500
• Moderate complexity: $1,500-3,000
• Complex will: $3,000-5,000
• Will + trust: $2,500-7,500

Factors affecting cost:

• Complexity of your situation
• Value of your estate
• Number of beneficiaries
• Trust provisions
• Attorney’s experience and location

Remember: This one-time cost saves your family $30,000-100,000+ in probate costs.

Q: Where should I keep my will?

Good options:

• Safe deposit box (but ensure executor has access)
• Fireproof safe at home (tell executor location)
• Attorney’s office (many keep originals)
• With your executor (provide them the original)

Also:

• Keep copies in multiple locations
• Tell key people where original is kept
• Never alter or mark up the original
• Keep all pages together

Bad options:

• Random desk drawer (may be lost)
• Secret hiding place (may never be found)
• Only one location (fire, disaster risk)

Q: Can I disinherit someone?

Generally yes, but with limitations:

You CAN disinherit:

• Adult children
• Parents
• Siblings
• Extended family

You CANNOT completely disinherit:

• Your spouse (they have right to elective share: 1/3 of estate)

You CAN minimize spouse’s share by:

• Prenuptial agreement
• Spouse signing waiver
• Transferring assets before death (risky and may be challenged)

To disinherit someone:

• Explicitly state your intent in will
• Consider explaining why (optional)
• Consult with attorney about best approach
• Be aware they may contest the will

Important: Simply not mentioning someone is not enough. Explicitly state: “I make no provision for [name] and intentionally exclude them from this will.”

Q: What if I get married or divorced after making my will?

Marriage:

• In NY, marriage partially revokes a prior will
• Spouse receives “intestate share” despite will
• Unless will explicitly states it was made “in contemplation of marriage”
• Solution: Make new will after marriage

Divorce:

• In NY, divorce automatically revokes provisions benefiting ex-spouse
• Ex-spouse treated as if they predeceased you
• BUT this may not be your intent
• Solution: Make new will after divorce

Best Practice: Update your will promptly after any marriage or divorce.

Q: What about my digital assets?

Don’t forget:

• Online bank accounts
• Cryptocurrency
• Social media accounts
• Email accounts
• Digital photos and files
• Online businesses
• Domain names
• Digital subscriptions

Include in your estate plan:

• List of digital assets
• Usernames and passwords (stored securely)
• Instructions for handling each
• Designate “digital executor” if needed

New York’s RUFADAA (Revised Uniform Fiduciary Access to Digital Assets Act) gives executors access to digital assets unless you specify otherwise.

Q: I’m not a US citizen. Can I still have a will for my US property?

Yes! Immigration status does not affect:

• Your right to own property
• Your right to make a will
• Your ability to leave property to heirs

Additional considerations:

• Estate may face different tax treatment
• International heirs may complicate process
• Consider naming US-based executor
• Discuss cross-border issues with attorney

You absolutely should have a will, especially to address international complications.

The Cost of Inaction: Real Numbers

Let’s compare two scenarios for a Suffolk County homeowner:

Scenario A: With a Proper Will

Initial Investment:

• Attorney consultation: $0 (many free)
• Will preparation: $1,500
• Total upfront: $1,500

At Death:

• Probate fees: $2,000-5,000 (simplified process)
• Attorney fees: $5,000-8,000 (uncontested, straightforward)
• Executor fees: $10,000-15,000 (typically waived or reduced if family)
• Timeline: 6-12 months
• Total cost: $7,000-13,000 (1.4-2.6% of $500K estate)
• Family keeps: $487,000-493,000

Scenario B: Without a Will

Initial Investment:

• $0 (you did nothing)

At Death:

• Probate fees: $3,000-6,000 (complex process)
• Attorney fees: $15,000-30,000 (intestate, possibly contested)
• Administrator fees: $18,000 (statutory, not negotiable)
• Bond: $2,000-5,000
• Timeline: 12-24+ months
• Carrying costs: $61,200-113,400 (property maintenance)
• Total cost: $99,200-172,400 (19.8-34.5% of $500K estate)
• Family keeps: $327,600-400,800

Difference: $86,200-166,200 LESS for your family

Plus intangibles:

• Family conflict and stress
• Relationships damaged or destroyed
• Additional time burden on family
• Uncertainty during grief
• Property potentially lost

The $1,500 will saves your family over $100,000. That’s a 5,600% return on investment.

Conclusion: Protect Your Family Today

Your Suffolk County home represents:

• Years of hard work
• Financial security for your family
• A place of memories and meaning
• Your legacy

Don’t let the state decide what happens to it.

Creating a will is:

• Simple: A few hours with an attorney
• Affordable: $500-2,000 for most people
• Fast: Done in 1-2 weeks
• Priceless: Saves your family $30,000-100,000+ and immense stress

Every day you delay, you risk:

• Your family losing the home
• Unintended heirs receiving property
• Lengthy probate draining the estate
• Family conflicts destroying relationships
• Your wishes being ignored

The peace of mind is invaluable.

🏡 Ready to Protect Your Legacy?

Arvy Realty partners with experienced estate planning attorneys who:

✅ Understand Suffolk County homeowners’ needs
✅ Have experience with immigrant families
✅ Offer affordable, transparent pricing
✅ Provide comprehensive estate planning
✅ Speak multiple languages
✅ Offer compassionate, judgment-free guidance

Call (631) 617-5135 for trusted referrals.

Don’t leave your family’s future to chance. Protect what you’ve built.

Take the First Step

This week:

1. ☐ Call Arvy Realty at (631) 617-5135 for attorney referrals
2. ☐ Schedule a consultation with an estate planning attorney
3. ☐ Start gathering information about your assets and beneficiaries

Your family deserves the security of knowing you planned for their future.

Act today. Your legacy depends on it.

Arvy Realty – More Than Real Estate

Serving Brentwood and all of Suffolk County with trusted connections to protect your home and your family.

Disclaimer: This guide provides general information only and is not legal advice. Estate planning laws are complex and change over time. Consult with a qualified estate planning attorney for advice specific to your situation.