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Protecting Assets from Lawsuits: Legal Strategies for Business Owners in NY

As a business owner, it's possible you'll one day face claims that could reach beyond your company and threaten your personal assets. You can protect what you have from lawsuits brought against a company you own or hold a membership interest in, and the right strategies for you will depend on the unique situation of your business. A Queens business attorney is the best one to show you how to protect your assets from lawsuits. more How to Protect Assets from Lawsuits Form an LLC Under New York law, a member is not liable for the debts or obligations of the LLC solely because of their membership. For this to work, you'll need to file Articles of Organization with the Department of State, adopt a written operating agreement, and keep the company's finances completely separate from your own. Always maintain separate bank accounts, distinct contracts, and clean records to reduce any chance that a court will pierce the entity and reach your personal holdings. Get Good Insurance Even with an LLC, you'll want and need liability insurance. A solid commercial general liability policy and any needed professional coverage will be able to absorb many claims before they even threaten the business, let alone your personal property. Review the limits each year and confirm that it meets your needs. Know and Transfer Your Assets Make sure you know exactly what you own and what's potentially vulnerable. Then you'll know best how to protect everything. Certain personal assets are already protected no matter what kind of business you have, including equity in your primary residence up to a certain amount, life insurance proceeds and annuity contracts (when the policy is properly structured), and retirement accounts under ERISA or qualifying individual retirement arrangements. You can also transfer assets into an irrevocable trust for the benefit of your family. Once the transfer is complete and you have no beneficial interest in those assets any longer, they generally sit beyond the reach of your future creditors. New York does not recognize self-settled trusts that name you, the creator, as a beneficiary, so the trust must name someone else as beneficiary. Be aware that you need to move assets into the trust before a claim is made against your company. If you try to make a transfer once a claim's been made, it can be nullified as fraudulent. Make Sure Your Documents Are In Place Business succession tools like buy-sell agreements and carefully drafted operating agreements will keep any ownership transitions orderly and reduce the chance that a dispute or unexpected death could force a fire sale of company assets. Be sure that you're reviewing your overall risk profile at least once a year with your attorney. New contracts, a change or addition of location, or a change in the type of work you perform can all create fresh exposure and require that you adjust your entity's structure, insurance limits, or ownership titles before any problem appears. Talk to a Queens Business Attorney Contact DeCandido & Azachi today to set up a free consultation on your situation. We serve the entire Queens area from our Forest Hills, NY office.

5 Ways to Avoid Probate in New York: Trusts, Joint Ownership, and More

Probate here in Nassau County can be expensive and time-consuming, so it's natural to ask how to avoid probate for your assets. New York law does offer several reliable paths forward. more How to Avoid Probate in Nassau County: 5 Ways to Go About It There are several things you can do to get your assets passed directly instead of moving through the full Surrogate's Court process. Each method has its own requirements and trade-offs, though, so the right combination depends on the types of property involved and the goals you have for control and privacy. Always talk to a lawyer to get specific advice. Revocable Living Trusts A revocable living trust is a legal arrangement you create while alive. You transfer ownership of assets into the trust and usually name yourself as trustee. This gives you complete control to use the property, sell it, or change the trust terms at any time; but when you pass away, the successor trustee you named steps in and distributes the trust assets according to your instructions. Because the trust is the owner of the assets, not you or your estate, those assets do not enter the probate process. Pour-Over Will Many people sign a pour-over will when they set up a trust. This just directs that any assets still in your individual name at your death are to be bequeathed to the trust. This keeps most property out of court while providing a safety net for anything you might have overlooked while setting up the trust. Joint Ownership with Rights of Survivorship This is a popular option for married couples. Setting up your ownership this way allows the surviving owner to receive the full title automatically upon the other owner's death. This structure works for some bank accounts, brokerage accounts, vehicles, and real estate, too. You just need to make sure these are all set up the right way. Beneficiary Designations on Financial Assets Many accounts and policies let you name a beneficiary directly with the financial institution or insurance company managing the account. Life insurance proceeds, retirement plans such as IRAs and 401(k)s, bank accounts with payable-on-death forms, and brokerage accounts with transfer-on-death registrations all pass straight to the named person or persons upon proof of death. These transfers happen outside probate. The key here, however, is remembering to keep the designations current as life changes. Transfer on Death Deeds for Real Property New York law lets property owners record a transfer-on-death deed for real estate. You keep full ownership and control during your lifetime and can revoke or change the deed by recording a new one or by selling the property, but, upon your death, the named beneficiaries receive title without any need to go through probate for that specific parcel of land or house. Talk to Us to Learn All the Options in Nassau County These are just five general options. There are more, and what's best for your estate depends on the specifics. Contact DeCandido & Azachi in Forest Hills, NY today to get strategic advice on your estate planning. We also serve clients in Plano, TX.

Estate Planning Tips for Blended Families in New York

Blended families are a joy, but they do also bring some unique inheritance challenges. Proper and careful estate planning for blended families helps protect everyone involved from New York law that might otherwise divide your assets in ways you don't expect or want. more Estate Planning for Blended Families in New York New York intestacy rules lay out the default plan if you die without documents in place. If that happens, the basic plan is as follows: Your surviving spouse gets the first $50,000, plus half the remaining estate (when there are surviving children or grandchildren) Surviving children and grandchildren split the other half Stepchildren do not inherit unless they have been formally adopted There are more to these default rules, of course, depending on the exact makeup of your family situation. In addition, even if you have a will, if you have a surviving spouse, he or she has the right to elect against your will. It's important to talk with a lawyer early on so you can design an estate plan that accounts for this instead of hoping for the best. Estate Planning Strategies Revocable Living Trust This is a popular choice for blended families because it lets you keep control of the assets in it during your lifetime while spelling out what happens to them afterward exactly. You can, for example, direct that your spouse may live in the family home for as long as they wish or receive income from certain investments. Once they are gone, the remaining principal could pass to your chosen beneficiaries, including stepchildren if that's your desire. Beneficiary Forms Beneficiary forms can be attached to retirement accounts, life insurance, and many financial accounts, and they allow those assets to be passed straight to the people named on the form as soon as you pass. They do not follow instructions in your will or trust, and you're not limited to designating just legal family members. Minor Children If minor children live in your household, your will should name a guardian who will raise them if neither parent can. In blended situations, the right guardian may come from your side of the family, from your current spouse's side, from a former spouse's side, or something else entirely, depending on the relationships and practical realities. Naming an alternate also gives you backup protection in case the first guardian is unable or unwilling to serve. Joint Ownership & Payable-on-Death Accounts Putting a house in joint names with a new spouse may limit what can later pass to your children from your first marriage Or, it might create liquidity issues if the surviving spouse needs to sell it before he or she can pay estate taxes or other bills related to probate or in order to divide the estate correctly. You can also name just one child as a beneficiary on an account, but bear in mind this can create imbalance or resentment among siblings and step-siblings. Talk with your lawyer about how to do this carefully. Talk to us today at DeCandido & Azachi in Forest Hills, NY to schedule a free consultation on your estate. We serve clients throughout Nassau County and Queens, as well as families in Texas from our Plano office.

What Is a Power of Attorney and Why Do You Need One in New York?

A power of attorney is a legal document that lets you appoint someone you trust to handle your affairs if you become unable to do so yourself. Creating one now allows you to assert control over your own life and future while you still have it, and that control will continue if you become incapacitated. A Forest Hills lawyer can help you craft your documents so they do exactly what you want. more Understanding a Power of Attorney Powers of attorney are governed by the General Obligations Law, Article 5, Title 15. For your directions to be valid, you'll need to sign the document in front of a notary and two witnesses who are not named as agents. Once it's in place, then, if you lose capacity due to illness or injury, your nominated person would take over to direct your finances. You can make the power of attorney as broad or narrow as you want. A general power covers almost everything: banking, real estate, taxes, insurance, and investments. But if you don't want a single person to have complete control, you can always limit them to specific tasks, such as selling one piece of property or handling a single bank account. Healthcare decisions require a separate healthcare proxy to be nominated and aren't covered by the standard power of attorney document (though you can nominate the same person to both care for your finances and also make medical decisions for you if you cannot). The two documents work together as part of a complete plan. Why You Need One Sooner Rather Than Later Life changes fast. A sudden stroke, a car accident, or a progressive condition like dementia that moves more quickly than you were told to expect can all leave you unable to pay bills, file taxes, or make decisions about your home. Without a power of attorney in place, your family would have to go to court to get someone appointed to take care of these things. That makes the whole thing public, expensive, time-consuming, and puts the final decision on who controls your finances in a judge's hands instead of yours. Plus, during the delay, your estate could suffer loss. But if you've set things up correctly, then your chosen agent can step in immediately to deposit your Social Security checks, pay your mortgage, speak with insurance companies, or sell assets if needed for your medical care. You also protect yourself from family disputes. By naming one or more agents in advance and stating your wishes clearly, you reduce the chance that relatives will fight over who should handle your affairs. Many people assume a spouse or adult child can automatically handle everything for an incapacitated person, but New York law does not work that way. A power of attorney is one of the simplest yet most powerful tools you can create to protect your future and spare your loved ones unnecessary stress. Visit DeCandido & Azachi in Forest Hills, NY today to set up a consultation.

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How Do You Handle Contested Probate in Surrogates Court?

When probate is contested here in Queens, NY, the Surrogate Court resolves the dispute. Your probate lawyer will help you prepare your case, negotiate for you, and represent you in court. If you need help with a contested probate matter, call DeCandido & Azachi, PLLC at 347-808-5746 or contact us online to schedule a consultation. more Contested Probate in Queens, NY Once someone passes away, their estate goes into probate and notice is sent to everyone involved in the estate. Once you get that citation, you have a limited window to decide your position. If you're concerned about the validity of the will or whether the named executor is competent, take the will to your lawyer and review it. Gather any documents or information you already hold about the decedent's intentions or capacity at the time the will was signed. You can also call 347-808-5746 or contact us if you need guidance before the objection deadline passes. Filing a Formal Objection If you object to something about the will, you'll file verified objections with the court. These must state the specific legal grounds you're using to object, and they must be served on all other parties to the probate proceeding. Within thirty days, the proponent of the will must present a citation so these objections become part of the official record. Nothing happens until that citation is issued, and this filing officially turns the matter into a litigated proceeding. The court then sets a schedule for the rest of the case. Discovery and Exchange of Information After objections are properly before the court, both sides exchange documents and conduct depositions to discover all information the other side intends to use in the proceedings. You can request bank records, medical files, or prior drafts of the will, among other things, and your lawyer will help you determine what to ask for. This phase is designed to uncover facts that can support or weaken each side's position, and it frequently leads to settlement talks. If you are unsure what evidence may matter in your probate dispute, call DeCandido & Azachi, PLLC at 347-808-5746 or contact us online. Settlement Conferences and Mediation Most judges will want to schedule one or more pretrial conferences to discuss a possible resolution, as it's always preferable when the interested parties can come to a compromise rather than dragging the whole thing out in court. You and the other parties attend with your attorneys, and the judge or a court attorney referee will encourage you to have an open discussion of the strengths and weaknesses of your respective claims. Many cases settle at this stage because everyone sees the costs and time a full trial is going to demand. Trial and Final Resolution If you can't reach a settlement, then the court sets a trial date. The Surrogate Court or a referee will then hear the case and issue a decision on whether the will is valid. Once the decision is final, the court can issue letters testamentary to the executor of the estate or otherwise continue with administration of the estate. Appeals are possible, but you must appeal quickly. If you wait too long, you may lose the right to bring an appeal at all. If you're dealing with any kind of probate situation, contact DeCandido & Azachi, PLLC for a free consultation. Call 347-808-5746 or contact us through our website. We serve clients in the Queens, NY area from our Forest Hills office as well as clients in Texas from our Plano, TX office.

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What Happens If a Business Owner Dies Without a Succession Plan?

If a business owner in Texas dies without a will or other estate planning tool, like a trust, a buy-sell agreement, or updated governing documents for the business, Texas law will decide how the estate is handled. The decisions made might not be what the business owner wants, what's best for his or her beneficiaries, or even what's best for the business. Talk to a Plano, TX business attorney right away to get your succession plan in place and be confident in the future of your business. more When a Business Owner Dies Without a Succession Plan in Plano, TX When there's no succession plan, the default rules from the Texas Business Organizations Code apply to the situation, and, in most cases, business operations will struggle to continue as normal. The business (or at least the deceased owner's interest in it) must now go through probate, which can take months or even years to resolve. Probate is overseen by the court, and a court-appointed administrator manage things if there's no will (if there's a will, the name executor becomes the manager). The administrator or executor may have plenty of experience related to administering estates, but that does not guarantee they know anything about business. Outcomes by Business Type Sole Proprietorship With a sole proprietorship, the business is not a separate legal entity and is tied directly to the owner. Upon death, it effectively terminates or ceases to exist in its prior form. All business assets pass into the larger estate and are distributed to heirs. Single-Member LLC Texas law treats the LLC as a separate entity, so it does not automatically dissolve upon the member's death unless specified otherwise. The membership interest passes to the estate and then to heirs. The heirs or the estate administrator may petition the court to continue running the business, or the administrator may manage it temporarily, but if there aren't clear provisions in the company operating agreement, things are very likely to stall. Multi-Member LLC In a multi-member LLC, the company generally continues operating unless the business agreement specifies dissolution upon the death of a member. In this case, the deceased member's interest would transfer to their estate and then to the heirs, who become assignees. In most cases, they're not entitled to full management or voting rights unless all members approve or the operating agreement allows it, but even without those rights, if the heirs are inexperienced, uninterested, or in conflict with surviving members, there's a lot of room for dispute. Corporation With a corporation, the deceased's shares will transfer to the estate and heirs through probate or intestacy. The corporation itself continues as a separate entity, and the heirs become shareholders but may or may not gain operational control, depending on the details. Again, there's a high risk of conflict. Partnership In a partnership, the death of a partner will often mean the dissolution of the business, unless the partnership agreement provides otherwise. Secure Your Future With the Help of an Experienced Business Attorney Without proactive planning, the future of your business and your heirs is at risk. Talk to us today at DeCandido & Azachi in Plano, TX and Forest Hills, NY to get started protecting what you love.

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What Is Estate Planning? A Complete, Down‑to‑Earth Guide for New Yorkers

ATTORNEY ADVERTISING: This blog post constitutes attorney advertising under New York Rules of Professional Conduct. By DeCandido & Azachi, PLLC — New York Estate Planning Attorneys Estate planning. Most people hear the term and instantly picture complicated legal documents or billion‑dollar families battling over inheritances. But the truth is simple: estate planning is about clarity and protecting the people who matter most. Whether you’re in a Manhattan loft, a Queens co‑op, or a Brooklyn brownstone, estate planning gives your family peace of mind. more What is Estate Planning? Estate planning is the process of deciding what happens to your assets, who handles things if you can’t, and how to protect the people and causes you care most about. Think of it as future‑proofing your life. Why Estate Planning Matters — Especially In New York New York has unique laws, a complex probate system, and its own estate tax separate from federal estate tax. A strong estate plan helps you: avoid family conflict; save your loved ones time and expense in Surrogate's Court; minimize or eliminate New York estate tax; protect minor children, unmarried partners, and aging parents; and ensure your wishes are honored rather than leaving decisions to the state's intestacy laws. The Cornestones Of A New York Estate Plan 1. Last Will & Testament — Your Will lays out who gets what, who’s in charge, and who raises your minor children. 2. Trusts — Trusts help avoid probate, protect inheritances, reduce taxes, and maintain privacy. 3. Power of Attorney — Allows someone you trust to manage your finances if you're unable. 4. Health Care Proxy & Living Will — A Health Care Proxy designates someone to make medical decisions on your behalf if you cannot communicate. A Living Will (also called an Advance Directive) specifies your wishes regarding life-sustaining treatment. Together, these documents ensure your medical wishes are honored and relieve your family from making agonizing decisions during a crisis. 5. New York Probate Process — With smart planning, you can streamline or even avoid probate entirely. New York's Estate Tax New York’s estate tax cliff can make your entire estate taxable if you exceed the exemption by even a small amount. As of 2026, the New York estate tax exemption is $7,160,000 (indexed annually for inflation). If your estate exceeds 105% of this exemption ($7,518,000 for 2026), the entire estate becomes subject to New York estate tax, not just the amount over the threshold. Proper planning can help minimize or avoid this tax burden. Who Needs An Estate Plan? Everyone—parents, homeowners, business owners, pet owners, and anyone who wants clarity. FAQ 1. Do I need an estate plan if I don’t have many assets? Yes. Estate planning is about control, not wealth. 2. What happens if I die without a Will in New York? The state decides who receives your assets. Your wishes are not considered. 3. Can a trust help me avoid probate? Yes. A properly funded trust can avoid New York probate entirely. 4. How often should I update my plan? Every 3–5 years or after major life events. 5. Are electronic wills legal? Not yet. On December 12, 2025, Governor Hochul signed the New York Electronic Wills Act into law, but the Act does not take effect until June 10, 2027. Once effective, it will be codified as EPTL § 3-6.1 et seq. Electronic wills must meet strict requirements including use of tamper-evident technology, proper witnessing procedures (witnesses may sign physically or electronically within 30 days), and mandatory filing with the New York State Unified Court System within 30 days of execution—failure to file renders the electronic will invalid. Due to the complexity and evolving nature of this area, we recommend consulting with an attorney before creating an electronic will. Let's Protect Your Legacy Together At DeCandido & Azachi, PLLC, we help New Yorkers build clear, compassionate estate plans. Click here to Schedule a consultation or call us at 347-808-5746 to get started today!

Educational Article: What Are the Benefits of a Trust Over a Will in Queens, NY?

DISCLAIMER: This article is provided for informational purposes only and does not constitute legal advice. The information contained herein should not be relied upon as a substitute for consultation with a qualified attorney. No attorney-client relationship is created by reading this article. NOTE: This article discusses general principles of New York estate planning law as of January 2026. Laws and regulations are subject to change, and the application of these principles depends on the specific facts of each case. Planning for your future is essential, and working with an estate planning attorney in Queens, NY can help you navigate the process of protecting your assets. Both a will and a trust may be important components of a comprehensive estate plan, and a trust may offer certain practical advantages for managing your estate after death. However, the appropriateness of either instrument depends on your individual circumstances, and you should consult with a qualified attorney to determine the best approach for your specific situation. more Benefits of a Trust Over a Will 1. Avoid the Probate Process One of the most significant reasons to consider a trust over a will is the ability to bypass the probate court. In Queens, NY, even with a simple will, the probate process may take months and typically involves court fees, public records, and potential complications. The actual timeline and costs vary significantly based on the complexity of the estate, the clarity of the will, and whether any disputes arise. A revocable living trust lets you transfer your assets directly to your chosen beneficiaries without the need for court intervention. By moving assets like your home into the trust’s name while you’re alive, the person you designate as your successor trustee can manage those trust assets according to your instructions after your passing-typically without probate being required for those assets. However, any assets not properly transferred to the trust during your lifetime may still be subject to probate. Additionally, transferring real property to a trust may have tax implications and should only be done after consultation with a qualified attorney and tax advisor. 2. Enhanced Privacy (With Limitations) Unlike a will, which becomes part of the public record during probate, a trust generally remains private. Once a will is probated, anyone can access details about your assets and who will inherit them. A trust typically keeps these matters confidential, sharing information primarily with those involved, such as the trustee and beneficiaries. However, certain circumstances may require disclosure of trust information, including litigation, creditor claims, or governmental investigations. This privacy can be particularly valuable if you have a significant estate or want to minimize the risk of family disputes or unwanted attention. 3. Plan for Incapacity Life can be unpredictable, and a trust may offer an effective way to manage your affairs if you become incapacitated. Unlike a will, which only takes effect after death, a revocable living trust allows you to name yourself as trustee and designate a backup trustee. This means that, should you become unable to manage your finances due to illness or injury, your successor trustee may be able to step in without the need for court-appointed guardianship. However, the successor trustee's authority is limited to assets properly transferred to the trust, and a durable power of attorney may still be necessary to manage assets outside the trust. Additionally, third parties may require additional documentation or court orders before recognizing a successor trustee's authority, particularly for certain financial institutions or in cases where incapacity is disputed. 4. Greater Control Over Asset Distribution A trust may provide greater flexibility in how and when your assets are distributed. For example, you can set conditions for your beneficiaries, such as releasing funds for education purposes or only once they reach a certain age, subject to limitations under New York law regarding unreasonable restraints on alienation and public policy. While a will can create similar conditions through testamentary trusts, it often requires court oversight during the probate process, which can lead to delays and added complexity. Additionally, certain types of trusts, such as Supplemental Needs Trusts (also called Special Needs Trusts), may be appropriate for providing for loved ones with special needs. If you wish to ensure the ongoing care of a family member with a disability without affecting their eligibility for government benefits such as Supplemental Security Income (SSI) or Medicaid, a properly drafted Supplemental Needs Trust that complies with 42 U.S.C.  1396p(d)(4) and New York EPTL  7-1.12 can be structured to accommodate these specific needs. However, these trusts have strict requirements and limitations, and improper drafting or administration can result in loss of government benefits. Consultation with an attorney experienced in special needs planning is essential. Work with a Queens, NY Estate Planning Attorney For guidance in creating a trust that may suit your needs, contact DeCandido & Azachi, PLLC. Our estate planning attorneys in Queens, NY are available to help you explore options for protecting your legacy and planning for the distribution of your assets according to your wishes. Prior results do not guarantee a similar outcome. Each case is unique and must be evaluated on its own merits. Contact us today at 347-808-5746 or fill out our contact form to schedule your consultation. ATTORNEY ADVERTISING: This article constitutes attorney advertising under New York Rules of Professional Conduct. DeCandido & Azachi, PLLC is responsible for the content of this communication. Prior results do not guarantee a similar outcome. © 2026 DeCandido & Azachi, PLLC. All rights reserved. Principal Office: 71-50 Austin Street, Suite 206, Forest Hills, NY 11375

Can a Will Be Contested in Probate Court?

Once a will has been filed with the probate court, it can be contested by any interested party. Whether you are trying to move an estate smoothly through probate, need to contest a will, or are trying to plan your estate to avoid this issue, speaking with a Forest Hills, NY probate attorney will give you peace of mind and the answers you need. more Can a Will Be Contested in Probate Court? The short answer here is: yes, if you have grounds and are eligible. Who Can Legally Challenge a Will in New York? The law only allows those with "standing" to challenge a will, and you only have standing if you are "an interested party." An interested party is anyone who would be affected financially by the will. Those with standing are anyone who would inherit from the deceased if there was no will, and all named beneficiaries, including any who were named in a previous will, even if they are excluded from the current one. Those who would inherit if there were no will are normally a spouse and children but can also be parents, siblings, or nieces and nephews if no spouse or children survive the testator. What Grounds Will the Court Accept for a Challenge? The court will not even hear a challenge unless you can present specific grounds that it recognizes as valid. The first is lack of testamentary capacity, which is essentially arguing that the person who made the will was not competent to do so. A person who makes a will must understand that they are making a will, know what property they have and how much, recognize who would be their natural, expected inheritors (even if they intend to exclude them), and must understand what the will is saying. Another challenge that the court will accept is undue influence. This challenge asserts that someone put pressure on the testator so that they did something they otherwise would not have. Usually when this challenge is brought, it's because there was a person very close to the testator in the months or years leading up to their death who would not normally be expected to inherit but is now coming into a large disbursement. If it can be shown that this person used their position of trust or authority over the testator, this could render the will invalid. This can happen when a testator is dependent, vulnerable, or suffering from a lack of mental capacity. Of course, a will can be fraudulent. If the signatures were forged, or if it can be shown that someone lied to the testator about what they were signing, then the will is not valid. And finally, the will must have been executed following all New York laws. Talk to a Forest Hills, NY Probate Attorney If you need help with probate or want to plan your estate to minimize probate issues, call us now at DeCandido & Azachi in Forest Hills, NY at 347-808-5746 for a free consultation. We also serve clients in Plano, TX.

What Are the Legal Steps to Selling a Business in Texas?

Selling a business is as big a milestone as buying or opening it in the first place. If it's time to sell, it's important to do it right and with the help of a Plano, TX business lawyer. There are a number of key steps, and a successful sale will require some strategic planning. What Are the Legal Steps to Selling a Plano, TX Business? Get Your Finances In Order You want your financial records to be very organized, and you should include in this organized layout all your tax returns, balance sheets, cash flow statements, and profit and loss statements since the business began or since you took it over. You also need to do a full review of your assets and liabilities. If you're able to resolve any liabilities, you'll want to do so, so that your balance sheet looks as good as possible. Get Your Operations in Order If you're looking to sell, you want to present a well-organized machine that doesn't need a ton of work for the new owner to make it profitable. Start documenting your standard operating procedures, if you've not already done so, so it's easy for someone to step in. Make sure that all your contracts and licenses can be transferred to a new owner, and if you're able to diversify your customer base and your suppliers, do so. Buyers tend to get nervous when they see that a business relies primarily on just one customer or one supplier. You'll also have an easier time finding a buyer if you've already evaluated your people and can tell a buyer immediately which employees are vital to the success of your business. Make sure that all the contracts and policies you have with your employees are up-to-date and legal. Talk to a Business Lawyer You'll want to talk to an experienced business lawyer who can help you understand all the legal concerns that come with a business sale. A good lawyer will also be able to help you understand the tax implications and figure out the best structure for your sale to maximize your profit and minimize liability. Get All Legal Agreements Dealt With Properly As you reach the finish line, it's very important to do the last steps in particularly very carefully. Make sure you have a lawyer working on your transfer of ownership and all the terms and conditions of sale. Your lawyer will also be able to make sure that all the payment and closing fund costs are transferred legally and securely. Keep Very Careful Records All along the way, keep comprehensive, careful records. Make a note of every step you take, make copies of every important document, and save all communication that you have with potential sellers, business or asset valuators, lawyers, tax professionals, and anyone else involved. For the kind of individualized representation that can make all the difference to your business needs, schedule a consult with us at DeCandido & Azachi in Plano, TX today online or by phone at 972-882-6600.

How Can You Avoid Family Disputes Over an Estate?

When you pass away, you want your estate to move smoothly into the hands of your family and for everything to be divided up precisely according to your wishes. Unfortunately, family disputes are not uncommon here in Forest Hills, NY. An estate planning lawyer who knows state and federal law well can help you protect your estate and your family with a strong plan that minimizes the possibility of disputes. How Can You Avoid Family Disputes Over an Estate? Work With an Estate Planning Lawyer in Forest Hills, NY The first tip is the simplest: always work with a lawyer. An estate planning attorney has seen it all before and worked with many families. They will be able to give you the personalized direction and advice you need to protect your estate. They also understand New York law and the New York probate courts and can protect you and your family while working with both. A good lawyer knows what questions to ask to dig out potential dispute areas and then formulate a plan to prevent them. Keep Communication Lines Open Some people think that it's best to keep their estate plans quiet until they die, often because they don't want to deal with angry, confused, or disappointed relatives in the moment. While this is understandable, open communication is the best way to prevent disputes later. As hard as these conversations may be to have now, things will be much worse when you're not there to explain directly what you're thinking or to show everyone through open discussion what it is you want and that you are of sound mind. Explain the reasons behind your decisions now and be as transparent as you can about the assets and debts of your estate. Make Your Documents Clear Ambiguity is a common reason for disputes among heirs. When a will isn't crystal clear, heirs can interpret it in different ways. This is most often an issue when people make a will on their own or using online forms. When you work with a qualified lawyer, your lawyer will make sure that everything in your will is very clear and point out where things could be misunderstood and give you advice on how to correct them. Be Careful Choosing an Exectutor The executor you name in your estate will be responsible for managing it after your death. It's crucial that you choose the right person. They must be trustworthy, and they must be willing to give whatever time and effort is necessary to administer your estate correctly. They must be able to stay impartial, and they must have good financial and organizational skills. Never choose an executor who has been in conflict with anyone in the family or whom your family could see as biased. Often, it's best to ask a law firm to act as your executor. These are just a few ways to protect your estate and your family. For personalized advice and help in developing the right estate plan for you, contact DeCandido & Azachi in Forest Hills, NY or call us at 347-808-5746. We also have an office in Plano, TX.

How Can a Business Lawyer Help With Business Formation?

There are many things to think about when you're starting a business, and getting certain things wrong can cause you serious issues down the line. Talking with a Plano, TX business attorney can help you avoid these problems and ensure that your business gets the right start for a bright future. How Can a Plano, TX Business Attorney Help With Business Formation? 1. Helping You Decide on Business Type Deciding what type of business you want is one of your biggest decisions and will affect everything from taxes to your liability. The simplest type of business is the sole proprietorship, where you are the only owner and all profits pass to you. All company debts are also your responsibility. This is simple, but it also comes with some tax concerns and can leave your private estate open to liability. There are more complex structures available, such as limited liability corporations (LLC), partnerships, and more. A lawyer can help you decide which one is actually best for your future. 2. Keeping You Legal From the Start There are plenty of Texas and federal laws that you have to be wary of when you start a business, as well as other issues you might not even have thought about. For example, once you pick your name, you have to make sure that no other company is already using it or anything that is so close to it that there could be confusion. This requires a careful search, which an experienced business lawyer can help you with. Your lawyer will also keep you on the right side of all state and federal laws and will help you with county and city permits, zoning ordinances, and license requirements. 3. Setting You Up for Tax Success The IRS is never easy to work with, so bringing in a lawyer at the beginning helps you get set up for success when it comes to taxes. If you're going to pay any wages, you'll need to get an Employer Identification Number (EIN) from the IRS, and this can be a time-consuming process. There are plenty of hoops to jump through, and a lawyer can get you through them while you concentrate on dealing with your business itself. The type of corporation or partnership that you have started will have a big influence on how your taxes are calculated, so it'll be a good idea to have a lawyer not only help you form your business but also deal with at least your first tax filing to make sure everything is done correctly and you don't have any unpleasant surprises. Talk With An Attorney Today Even if you're not sure what you want to do yet, talking with an attorney can help you solidify your plans and take the right steps for the future of your business. Call or visit us today at DeCandido & Azachi in Plano, TX to set up a consultation, and let's get you set up for success. We also serve clients in Forest Hills, NY.

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