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

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.

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.

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