What Is a Power of Attorney and Why Do You Need One 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.

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.

When it comes to protecting your assets and your loved ones, estate planning is one of the most important legal steps you can take. At DeCandido & Azachi, we help individuals and families in Forest Hills, Queens, and beyond create thoughtful, strategic estate plans that reflect their wishes and secure their future. Below are answers to some of the most common questions we hear from our estate planning clients. more What is estate planning, and why is it important? Estate planning is the process of arranging how your assets—such as property, savings, investments, and personal belongings—will be distributed after your death. It also involves naming people to make decisions on your behalf if you become incapacitated. A strong estate plan gives you peace of mind and protects your family from unnecessary stress, expenses, and delays. Whether you're a business owner in Forest Hills or a parent planning for your child's future, having a will, power of attorney, healthcare proxy, and possibly a trust can ensure your wishes are honored. Do I need a will if I live in New York? Yes—having a will is highly recommended, even if you don’t own a large estate. A will allows you to clearly name beneficiaries, appoint a guardian for your children, and designate an executor to manage your estate. Without a valid will, your estate will be distributed according to New York State intestacy laws, which may not reflect your intentions. If you live in Forest Hills or elsewhere in Queens, working with a local estate planning attorney ensures that your will complies with state law and addresses any unique circumstances. What’s the difference between a will and a trust? A will goes into effect after your death and must go through probate court. A trust, on the other hand, can take effect during your lifetime and allows assets to pass directly to beneficiaries without probate. Trusts are useful for managing complex estates, minimizing estate taxes, and keeping your affairs private. At DeCandido & Azachi, we can help you decide whether a revocable living trust, irrevocable trust, or another type of trust makes sense for your situation. Who should I appoint as my power of attorney? Your power of attorney is someone you trust to make financial and legal decisions on your behalf if you become unable to do so. This should be a person who is responsible, financially savvy, and understands your values and preferences. You may also want to appoint a healthcare proxy—a person who can make medical decisions for you in the event of incapacity. These documents are crucial parts of any complete estate plan. How often should I update my estate plan? It’s a good idea to review your estate plan every 3–5 years or after any major life event, such as marriage, divorce, the birth of a child, or a significant financial change. Laws can also change, and it’s important to make sure your documents remain current and enforceable. At our Forest Hills law office, we offer ongoing support to clients who need to revise their wills, trusts, or powers of attorney. Get Help from a Forest Hills Estate Planning Lawyer Estate planning is about more than paperwork—it’s about protecting the people you care about most. Whether you're just getting started or need to update your existing plan, our team at DeCandido & Azachi is here to guide you through every step. We proudly serve individuals and families in Forest Hills, Queens, and the surrounding New York City areas. Contact us today at 908-926-8319 or send us a message to schedule a free consultation with an experienced estate planning attorney.