Becker Law & Advocacy PLLC Becker Law & Advocacy PLLC 2026-06-01T14:36:31Z https://www.beckerlawadvocacy.com/feed/atom/ WordPress /wp-content/uploads/sites/1504787/2022/04/BeckerLogo-site-icon-75x75.png On Behalf of Becker Law & Advocacy PLLC <![CDATA[What happens when you die without a will in New York?]]> https://www.beckerlawadvocacy.com/?p=50088 2026-04-01T16:10:53Z 2026-04-01T16:10:53Z How New York courts decide who inherits If you do not leave a will, the state applies its intestacy rules to your estate. It does not consider informal promises or private discussions. It follows the law as written. Distribution under intestacy generally works as follows:
  • If you are married with no children, your spouse inherits your full estate.
  • If you are married and have children, your spouse inherits the first $50,000 and then half of the remaining estate. Your children will receive the rest.
  • If you are unmarried and have children, your children will inherit your estate.
  • If you leave no surviving spouse or children, your estate may pass to your parents or siblings, and even remote relatives.
These provisions exclude many individuals. Unmarried partners, stepchildren and business partners do not inherit under intestacy. You also forfeit the ability to designate who will administer your estate or oversee your business interest. The court appoints an administrator to manage those responsibilities, and disputes may follow. For a business owner, that uncertainty can stall daily operations. It can put pressure on partnerships and leave employees unsure about the company’s future. At the same time, your family may face court proceedings and difficult decisions during a period of grief.

How planning gives you control

Estate planning offers an alternative to the default statutory scheme. While each situation is unique, many people use planning tools to address personal and business concerns in a more deliberate way. Depending on your goals, an estate plan may allow you to:
  • Direct who receives your personal assets and business interests
  • Select someone you trust to handle estate matters
  • Nominate a guardian for minor children
  • Use trusts to manage assets for younger beneficiaries
  • Outline a plan for business ownership transitions and future management
Planning extends beyond asset distribution. It supports operational continuity for your business and financial stability for your family. In a community like Massapequa, where homes and closely held businesses reflect years of investment and effort, understanding how state law interacts with planning tools can shape what happens next.

Ensuring your wishes guide the outcome

Without a plan, New York’s intestacy rules control the transfer of your property and business interest. Those rules may not reflect the structure of your family or the operational realities of your company. By contrast, estate and succession planning provide a framework for aligning legal outcomes with your intentions. Knowing how these tools operate under state law can help ensure that what you built continues according to your vision.]]> On Behalf of Becker Law & Advocacy PLLC <![CDATA[Wills vs. Trusts in New York: How to choose wisely]]> https://www.beckerlawadvocacy.com/?p=50085 2025-12-17T20:27:12Z 2025-12-17T20:27:12Z Choosing between a will and a trust in New York affects how smoothly your assets pass to your family and how private that process remains.

How wills work in New York

A will takes effect only after your death and must go through Surrogate’s Court for validation. Probate adds court oversight and becomes part of the public record. A will may suit you if you have a modest estate, need to name guardians for minor children or prefer a straightforward document that states who receives your assets.

How revocable living trusts differ

A revocable living trust becomes effective once you sign it and transfer assets into it. Those assets usually avoid probate which may keep your estate private and reduce delays. Probate is not lengthy or expensive everywhere so the local process matters.  Privacy often drives the choice because a will is public once filed while a trust remains private. It also notes that a trust works only when assets are retitled into it and that people sometimes overlook ongoing updates even though they remain important. 

Key differences at a glance

Here is how the two options compare for many New Yorkers: A will always goes through Surrogate’s Court and becomes public while a funded trust usually bypasses probate and stays private. A will has no effect during your life so you still need a power of attorney while a trust can shift asset management to a successor trustee if you cannot serve.  Only a will can name guardians for minor children while a trust focuses on holding and distributing assets. These contrasts matter because probate can take months and involve oversight while a trust can reduce court involvement if you keep it properly funded.

What you can do next

Many New Yorkers use both tools, a revocable trust for most assets and a pour-over will for anything left outside the trust. Your ideal setup depends on your goals, property and family structure. Reviewing your options with an experienced estate planning attorney can help you choose the structure that fits your situation. ]]>