“I just want to avoid probate.” It’s one of the most common requests Megan Conroy hears at Blustein, Shapiro, Frank & Barone, LLP. While bypassing the court is a worthy goal, how you do it matters as much as the result.
In her latest radio segment, Megan pulls back the curtain on the mechanics of probate and when a simple “shortcut” might actually backfire.
What Exactly Is Probate?
Many view probate as a hurdle, but it is simply a court-supervised process to ensure your wishes are carried out. However, the process often brings:
- Expenses – Court-related legal and filing fees
- Delays – Process typically takes about a year
- The 7-Month Window – In New York, assets often sit for seven months to allow creditors to submit claims.
Simple Tricks to Bypass the Court
Probate only oversees assets titled in your name alone. You can bypass it using:
- Beneficiary Designations: Most accounts (checking, IRAs, 401ks, life insurance) allow you to name a beneficiary for direct transfer.
- Joint Ownership: Assets owned by two people (like spouses) pass automatically to the survivor.
- The Vehicle Exception: In NY, family members can often transfer one vehicle valued at $25,000 or less via DMV forms without probate. (Note: High-value classics, like a $100k Corvette, still require court intervention unless jointly titled).
When “Simple” Isn’t Enough
A beneficiary form isn’t a substitute for a real plan. Megan warns that you must consider family dynamics:
- Does a beneficiary struggle with debt or addiction?
- Is a child in a volatile marriage?
- Is your chosen representative a procrastinator?
In these cases, a Trust may be essential to protect your heirs from more than just the court process.
🎧 LISTEN TO THE FULL INTERVIEW
Tune in to hear Megan’s expert take on:
- Why a Will must go through probate to be effective.
- The “DMV Trick” for transferring vehicles.
- How to choose the right person for the job (it’s not always the oldest child!).
- Why beneficiary designations are just one piece of the puzzle.
Is your estate plan actually ready for 2026? Don’t leave your family’s future to chance. Schedule a comprehensive consultation with the team at Blustein, Shapiro, Frank & Barone, LLP today.