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631-964-4418The estate planning gap in America is wider than most people would guess, and it is growing. Only about one in four adults has a will, and the share has been falling for years. On Long Island, where the family home is often the largest asset a family will ever own, that gap has real consequences measured in court time, legal fees, and family fights.
The numbers come from the annual Caring.com Wills and Estate Planning Study, which has tracked this question for a decade. Its 2025 installment found just 24 percent of American adults with a will, down from 32 percent the year before. The most common reasons people gave were procrastination and the belief that they do not own enough to bother. Here is the part that gets me: the survey also found the sandwich generation, people caring for kids and aging parents at the same time, is the largest group without documents. The people with the most riding on a plan are the least likely to have one.
"Not enough assets" is a hard argument to make on Long Island. If you own a home in Nassau or Suffolk, you likely have an estate worth more than most Americans will ever hold, sitting under a roof, with no instructions attached.
Die without a will in New York and the state's intestacy formula takes over. A surviving spouse with no children inherits everything. A spouse with children takes the first $50,000 plus half the rest, and the children divide the balance, even if they are minors, even if one of them has special needs, even if you would have chosen differently. An unmarried partner of thirty years gets nothing. A stepchild you raised gets nothing. The formula does not know your family. It only knows the chart.
A properly drafted plan through a wills and trusts attorney replaces that chart with your actual wishes, names a guardian for minor children, and can keep much of your estate out of court entirely.
A will speaks after death. The gap most families never think about is incapacity, the stroke, the accident, the diagnosis, where you are alive but cannot act. Tap each card to see what actually happens without the document.
Who inherits your home, your savings, and your belongings?
The intestacy chart decides. Spouse and blood relatives only, by formula. The Surrogate's Court appoints an administrator, and anyone the chart skips is simply out.
Who pays your mortgage and manages your accounts if you are incapacitated?
Nobody, automatically. Your spouse cannot access accounts in your name alone. Your family may need a court-appointed guardian just to pay your bills. A power of attorney prevents the whole ordeal.
Who tells the doctors what you would have wanted?
The hospital follows a statutory list of default decision-makers, whether or not that person knows your wishes, and disagreements between family members can end up in front of a judge.
Who explains the why behind your decisions, and what you want remembered?
The story goes with you. An ethical will is not a legal document. It carries your values, lessons, and hopes to the next generation, and it is the one document on this page families thank you for most.
Probate in New York is not free and it is not fast. Surrogate's Court filing fees scale with the size of the estate, topping out at $1,250 for estates of $500,000 or more, and that is before attorney fees, bond premiums, and the administration work of locating heirs and marshaling assets. An estate with no will, a missing heir, or a family dispute takes longer at every step, and every month in court is a month the house cannot be sold and the accounts stay frozen.
Compare that against the cost of planning while everyone is healthy and talking to each other. It is not close. The estate planning gap is, at bottom, a bet that nothing will go wrong, placed with your family's money.
New York's intestacy law decides for you. A surviving spouse with no children inherits everything; a spouse with children takes the first $50,000 plus half the balance, and the children split the rest. Unmarried partners, stepchildren, and charities receive nothing under the formula, no matter what you would have wanted.
A will only speaks after death. If you become incapacitated without a power of attorney and health care proxy, no one has automatic authority to pay your bills or make your medical decisions, and your family may need a court-appointed guardian. A complete estate plan covers both what happens after you die and who acts for you while you are alive.
New York Surrogate's Court filing fees scale with the estate, topping out at $1,250 for estates of $500,000 or more, before attorney fees, bond premiums, and administration costs. Estates with no will, missing heirs, or family disputes take longer and cost more, which is why planning while you are healthy is the cheapest option on the menu.
One meeting at our Deer Park office puts the core documents in motion: the will, the power of attorney, the health care proxy, and if you want it, the ethical will that carries your story forward. Your family will never regret that you called.
Call 631-964-4418