A common myth in Brooklyn is that estate planning is only for married couples with kids. In reality, single people often need it more, because New York’s default rules can send your assets and your decisions to people you would never choose. Here are the mistakes single Brooklynites make most, and how to avoid them.
Mistake 1: Assuming “It All Goes to Whoever I Want”
If you die single with no will, New York intestacy (EPTL Article 4) controls. With no spouse or children, your estate goes to your parents, then siblings, then more distant relatives, never to a partner, a best friend, or a favorite Brooklyn charity. If you want anyone other than your closest blood relatives to inherit, you need a will executed under EPTL section 3-2.1.
Mistake 2: Leaving an Unmarried Partner Unprotected
New York does not recognize common-law marriage, so a long-term partner you live with in Fort Greene or Ditmas Park has zero inheritance rights without documents. To provide for a partner, you must name them in a will, a trust under EPTL Article 7, and your beneficiary designations. Otherwise the law treats them as a legal stranger.
Mistake 3: No One Named to Make Medical Decisions
This is the most overlooked single-person risk. If you are hospitalized and unconscious, who decides your care? Without a health care proxy under Public Health Law Article 29-C, doctors turn to a statutory list of relatives, again skipping a partner or chosen family. Naming your own health care agent ensures the person who knows your wishes speaks for you.
Mistake 4: No Power of Attorney
Single people often have no co-owner on accounts, so if you are incapacitated, no one can legally pay your rent or manage your finances. A durable power of attorney under General Obligations Law section 5-1513 lets a trusted person step in immediately. Without it, your loved ones may have to ask a Brooklyn court to appoint a guardian, a slow and public process.
Mistake 5: Forgetting Beneficiary Designations
Retirement accounts and life insurance pass by beneficiary form, not by will. Single people frequently leave a parent or sibling named from years ago, or no one at all. Update these so they match your wishes, and name a backup beneficiary in case your first choice predeceases you.
Mistake 6: Skipping Probate Planning
Assets in your sole name pass through Surrogate’s Court probate, and with no spouse or children, locating and notifying relatives can complicate the process. A revocable living trust under EPTL Article 7 can avoid probate and keep your affairs private, though it does not reduce estate tax on its own.
Consult a New York Attorney
Being single means no built-in legal backup, so the documents you choose carry extra weight. Speak with a qualified New York estate planning attorney familiar with Brooklyn and the Kings County Surrogate’s Court to make sure the right people, not the default rules, control your assets and your care.
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