Imagine your loved ones already struggling after your loss—then facing confusing legal battles, unexpected bills, and family rifts on top of their grief. This isn’t some far-off worst-case scenario; it’s a common reality for middle-income families in Brooklyn, Queens, and Staten Island when there’s no estate plan in place. At Alatsas Law Firm, we’ve seen firsthand how heartbreaking—and avoidable—these situations can be.
Whether you’re just getting started with adulting or raising a family of your own, understanding what happens without an estate plan could be the wake-up call you need to protect your loved ones and your legacy.
New York Law, Not Your Wishes, Decides Who Gets What
If you pass away without a will or trust—a situation known as dying “intestate”—your assets won’t go where you might assume. New York’s intestacy laws determine how your money, real estate, and prized possessions are divided. This cookie-cutter system might work sometimes, but it often messes up family harmony:
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Spouse and kids? Your spouse doesn’t automatically get everything. In New York, they receive $50,000 and half the rest; your children split the other half.
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No living spouse or children? Assets go to parents, siblings, or even distant relatives.
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Unmarried partners and stepchildren? They receive nothing under state law—regardless of your bond.
One client’s family—let’s call them the Rodriguezes—ended up weeks in court because their late father never put a plan in writing. Half-siblings, estranged relatives, and the court had more say in the outcome than his devoted partner did.
Family Fights and Probate Delays
Probate, the legal process of sorting your affairs, is meant to safeguard everyone’s interests. But in practice? It can get messy and drawn-out, especially with no roadmap left behind. Here’s what can happen:
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Disagreements: Even the closest families can clash over Grandma’s jewelry or the family home.
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Costs pile up: Legal fees, court costs, and lost time add stress and eat into what you worked your life for.
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Frozen assets: Your bank accounts and property may be locked for months—or years—while everything is sorted out.
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Sensitive information: Probate is public, so anyone can view your family’s business and finances.
We guided a local Brooklyn family through probate for nearly two years because unresolved old feuds flared up with no clear documentation of their mother’s wishes.
Children Left in Limbo
This one’s especially tough. If you have children under 18 and die without a plan, the court decides who raises them. It could be an estranged uncle or a well-meaning but overwhelmed grandparent—not necessarily the person you believe would love and support your kids best.
Even if a guardian steps up, funds for your children’s care might be tied up or mismanaged if you haven’t set clear provisions through trusts or instructions.
Higher Costs and Tax Hits
Without thoughtful estate planning, families often pay more—sometimes a lot more—in:
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Attorney and court fees (probate can be expensive in NYC!)
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Estate or inheritance taxes: Lack of strategic planning can trigger avoidable taxes.
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Missed opportunities: Without a trust or will, you can’t leave assets to charity, friends, or your favorite causes.
Just ask the family who lost half of an inheritance to taxes and fees because their late mother never updated her paperwork after moving from Queens.
Your Legacy: Undone, Unclear, or Unprotected
Estate planning isn’t just about money. It’s about your story, your values, and your hopes for your loved ones. Without a plan:
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Heirlooms may go to the highest bidder.
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Pets might be sent to shelters.
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Long-standing family businesses can dissolve overnight.
Most heartbreaking: Even tight-knit families sometimes fracture under pressure, all because “I thought we’d have more time” or “I figured everyone knew what I wanted.”
Emotional and Psychological Toll: The Untold Cost
Brooklyn is known for strong family ties, but we’ve witnessed how uncertainty after a death can unravel those bonds. Siblings may stop speaking. Children carry the burden of guilt or resentment for choices adults should have made. The stress can drag out for years, long after the legal dust settles.
Myths That Hurt, Not Help
We hear them every day:
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“I don’t have enough assets to need a will.”
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“My family will just work it out.”
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“Estate planning only matters for the wealthy.”
If you have kids, a home, a business, or even just strong opinions about who should get your souvenirs from Coney Island—estate planning is for you.
What You Can Do—Today
If this sounds overwhelming, take a breath. Most families start estate planning when faced with a crisis, but you don’t have to wait. Getting expert help makes all the difference. At Alatsas Law Firm, our approach is personal, jargon-free, and always focused on your family’s needs. Here’s how to begin:
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Make a list of your priorities: Kids, home, heirlooms, business—what matters most?
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Start a conversation: With your spouse, parents, or trusted loved ones.
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Schedule a no-pressure consultation: Our team is here for families across Brooklyn, Queens, and Staten Island—no judgments, no surprises.
Why Choose Alatsas Law Firm?
We live and work in your community, and we protect the futures of middle-income families just like yours. Attorney Ted Alatsas brings decades of experience, a hands-on approach, and a deep understanding of how NYC’s laws affect your unique story.
Don’t leave your loved ones’ future to chance—or to the state. By getting your estate plan off your to-do list, you’ll gain peace of mind and give your family the priceless gift of clarity and care.
Have questions? Not sure where to start? Share your worries below, or reach out for a private, friendly conversation with our team. It’s never too soon—but one day, it could be too late.
Let’s help you protect what matters.
