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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. 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.

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. 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.

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. 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!

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. 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

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. 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.

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.

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.

From a Probate Lawyer in Forest Hill, NY: Determining Whether Your Estate Needs to Go Through Probate Asset Ownership You do not have to probate assets that pass automatically to a beneficiary or joint owner. Property titled as joint tenancy with rights of survivorship, or as tenants by the entirety (used for married couples), transfers directly to the surviving co-owner. Similarly, accounts that have designated beneficiaries, such as payable-on-death (POD) bank accounts, transfer-on-death (TOD) securities, and life insurance policies, do not become part of the probate estate. In these cases, the beneficiaries can claim the asset by submitting a death certificate and other required documentation directly to the institution holding the asset. Small Estate Administration in New York New York offers a simplified procedure called Voluntary Administration for small estates. If the decedent's personal property is valued at $50,000 or less and there is no real estate solely in their name, you may be able to avoid formal probate. The alternative legal process is quicker and less expensive than full probate. You must still file paperwork with the court, but you can manage the estate without all the complexities of a full probate proceeding. Understanding Estates Without a Will and Intestate Administration If a person dies without a will in New York, their estate does not avoid court oversight. Instead of probate, the estate goes through intestate administration. You still have to file with the Surrogate's Court, but the court appoints an administrator rather than an executor. You must follow New York's intestacy laws, which dictate how to distribute the estate among surviving relatives. Determining When Real Estate Requires Probate Though there are many legal avenues to avoid probate, it may not always be possible. Real estate titled only in the decedent's name generally requires probate, even if the total estate value is modest. If the property is not jointly owned or does not have a beneficiary deed, then you must open a probate proceeding to transfer legal title to heirs or beneficiaries. Despite what your case may look like, you do not always have to go through probate in New York. Our team can help you explore all options to keep property out of probate and ensure all filings are done correctly. Schedule a consultation with us today at DeCandido & Azachi in Forest Hills, NY to understand how state law treats different types of assets and how to avoid unnecessary delays in the lawful distribution of your or a loved one's property. We also serve Plano, TX.

Protecting your assets requires careful and deliberate planning. If you take the time to create a strong estate plan, you can safeguard the wealth you have built and control how it is distributed. Our team will work with you to design an estate plan that reflects your goals, protects your family, and complies fully with New York law. With an estate planning lawyer in Forest Hills, NY, you can navigate this process effectively. From an Estate Planning Lawyer in Forest Hills, NY: How to Protect Your Assets With an Estate Plan Structuring Ownership of Assets One of the first steps in asset protection is deciding how to structure ownership of your property. Different types of ownership offer different protections. Joint ownership with rights of survivorship, tenancy by the entirety for married couples, and various forms of trust ownership can shield assets from probate and, in some cases, from claims by creditors. Using Trusts for Protection and Flexibility Trusts offer a versatile tool for protecting your assets. A properly drafted irrevocable trust can move assets out of your taxable estate and place them beyond the reach of certain creditors, while still allowing you to provide for your family or support charitable interests. Revocable living trusts give you flexibility to manage and update your estate plan while maintaining privacy. They also help you avoid probate, ensuring that your assets are distributed efficiently and according to your wishes. Certain specialized trusts, such as supplemental needs trusts for family members with disabilities, can also ensure that your loved ones receive needed support without jeopardizing their eligibility for public benefits. We help you select and implement trust strategies that fit your objectives. Addressing Business Interests If you own a business, your estate plan must address how that interest will be protected and transferred. Without proper planning, business assets may be vulnerable to disruption or even liquidation. We assist you with succession planning to ensure that your business can continue operating in accordance with your wishes. Buy-sell agreements, family limited partnerships, and tailored ownership structures help preserve business value and provide clear instructions for future management or transfer. Managing Potential Tax Exposure New York estate tax laws can impact how much of your estate ultimately reaches your beneficiaries. We help you develop strategies to minimize this exposure. Lifetime gifting, charitable giving, and certain trust structures can reduce your taxable estate. We also coordinate your estate plan with your lifetime financial plan to ensure that any transfers or gifts are made in a tax-efficient manner. An estate plan is not simply about deciding who inherits your property: it's a legal tool meant to protect what you've built, manage risk, and ensure that your wishes are honored once you're gone. We can help you create a comprehensive strategy that protects your assets here in New York. Schedule a consultation with us today at DeCandido & Azachil, with locations in Forest Hills, NY, and Plano, TX to begin building a plan that fits your life and protects your future legacy.