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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

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.

When someone dies in Texas, there is a formal process known as the probate that legally disburses the decedent's properties and possessions to the appropriate parties. Probating an estate can be long and complicated, but having a probate attorney on your side can help when navigating the process in Plano, TX. What Happens During the Probate Process in Plano, TX, and How Can Hiring a Probate Attorney Help? Submission and Petition Within four years of the death of a person, a representative of the decedent's estate submits the will to the probate court in the county where the deceased person resided. When filing the will, a petition to request probate is also submitted. Notice to the Public Once a petition is filed, the probate court must publicly provide notice of probate for two weeks. This step is often achieved through publication of the probate petition in a periodical in the country, such as a newspaper. During this time, anyone who challenges the will may come forward to contest the will. Verification of the Will When the will isn't contested, the court can move forward by reviewing the document and verifying its authenticity. At that point, the court can permit the executor of the will to begin managing the estate. If the decedent had no will, the probate court will appoint an administrator, and assets will be distributed according to Texas intestate succession laws. Assembly and Appraisal of Assets The executor or administrator of the estate will begin an inventory of all assets owned by the decedent within 90 days of the verification of the will. In addition to creating an asset inventory, the executor or administrator will assign value to the deceased person's assets and identify any pending debts that remain unpaid. Notice to Beneficiaries and Creditors The executor or administrator contacts beneficiaries of the estate and informs them of any inheritance that they are entitled to receive from the will or through intestate succession laws. Also, any debt holders with an interest in the estate are notified, and debts are settled using the estate's proceeds. Any outstanding taxes are also paid with funding from the state. Distribution of Assets When all debts against an estate's proceeds are settled, the executor or administrator can begin distribution of the decedent's assets. When a will is in effect, the wishes of the decedent regarding distribution to the entitled parties are observed. When there is no will, the administrator follows the applicable intestate succession laws to determine who is entitled to receive the estate's assets. Estate Closure Once the debts have been paid and the assets of the decedent have been distributed, the executor or administrator will request a hearing in probate court to close the estate. The executor or administrator assembles a final report that is presented to the probate court, and the court can then close the estate to end the process. If you would like to consult with an experienced attorney about probating an estate in Texas, contact DeCandido and Azachi in Plano, TX, today.

Answers from a Probate Lawyer in Forest Hills, NY - DeCandido & Azachi in Forrest Hills In New York, if someone dies intestate, i.e., without a will, the law gives clear guidelines for what happens to their assets and property. A probate lawyer in Forest Hills, NY, explains the state's intestacy laws, under New York Estates, Power and Trusts Law. If Surviving Spouse But No Children If the person who has died leaves behind a spouse, but does not have any children, then their spouse inherits all property and assets. more If Surviving Spouse and Children If the deceased leaves behind a spouse and children, then the spouse will receive $50,000 from the estate and also half of the remaining portion. The other half is divided equally between the children. If the deceased had a child who has also died, but that child has children or other descendants, then those descendants divide the share of the deceased child. If Children But No Surviving Spouse If there are children but no living spouse, the entire estate is divided equally between the children. If one of the children is deceased but has left behind descendants, the share of that deceased child passes to their descendants. If No Spouse and No Children If there is no spouse or children, the entire estate passes to the parents, if they are still alive. If the parents are no longer alive, then the estate is split evenly among the siblings of the deceased, or, if they have died, their descendants. If Only Distant Family If the deceased has no surviving spouse, children, parents, or siblings, then the law states that the estate goes to more distant relatives, such as grandparents, aunts, uncles, or cousins. The law gives a specific order of priority to distant relatives. If No Family If no relatives of the deceased can be found, then the entire estate may escheat. Escheat is the legal process by which property and assets revert to the state if there are no legal heirs or claimants. It is considered a last resort, with the purpose of making sure that property does not become abandoned or lost in legal "limbo." It is the state's way of tying up loose ends when there is no one to take ownership. Cash or other liquid assets revert to the unclaimed property fund of the state. Real property, such as land or a house, may be sold and the proceeds given to the state. Even after escheat, the funds are held indefinitely by the state, so that if a legitimate heir is found later and can prove their claim (such as with a birth certificate), the assets can be recovered from the unclaimed funds pool. Interest is not generally added to unclaimed funds. If you are facing a situation where someone you know has died without a will, reach out to DeCandido & Azachi in Forest Hills, NY for a free legal consultation.