Distributing the Estate to Heirs or Beneficiary Heirs in New York

Distributing the Estate to Heirs or Beneficiary Heirs in New York

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Get a Trust and a Will

When it comes to transferring your estate to someone else, there’s some simple ways in doing so. It’s either through a will or a trust but doing filing these documents requires you to address who your executor and/or trustee would be. Doing so would save your entire family from multiple expenses and save all the assets listed within these documents. Let’s say a person dies without a will, a family member or a representative needs to file a death certificate within the court. The reason for a court session is to get someone official to discuss the distribution process of all assets which is called a probate.

Joint Tenancy

Joint tenancy can also be a good option when it comes to managing your assets. All you have to do is be the co-signer of your home between yourself and your spouse. If any spouse has passed the other gets the rest of what he or she owns but if this happens the other needs to pay more costs on the deceased spouses side such as the total taxes on the house that’s been co-signed. You would pay double the taxes. To prevent this you can always sign up to a Limited Liability Company and avoid any kind of these difficulties. Any limited liability company enables you to own a piece of real estate from just one family member and manage it without any trouble.


Though distribution of an estate or any other important assets may seem easy but it can still have difficulties even if a will or trust is provided. You need to prepare for conflicts that can occur when planning with who has the right to hold onto the most valuable assets in your life. All kinds of difference of opinion from a family member can change the outcome of any important documents that’s included in the case which means other court cases are possible.

When it comes to distributing estates or other assets that belonged to a family member, it’s important to discuss among everyone involved in the household to what is being given to who. Believe it or not but there may be some disagreements and different plans for the future. For example, if one of your parents become deceased and in his will, it does say that he or she wants to give the whole estate to a distant relative instead of their own children, people are not going to agree with that. People who are closer within the family would get a lawyer to prove how the assets should be transferred to someone more responsible.

 A process to change the beneficiaries would need to go through a codicil. A codicil is the addition to the final will and an explanation on why this important document is being modified. Then it would go through the probate. The examination of witnesses written down, particular circumstances, or circumstances of the person who’s writing the will all together is further studied. In the end, the court makes the decision to study if the document is valid after these observations. It must be discussed among the executor and everyone else who is arguing against the document. The executor is the person responsible for the tasks to be done in the person’s will. Though sometimes wills can not have enough information to support itself, to confusing, or even to vague that can be another issue. You would need an estate lawyer to make sure all changes or agreements can be recorded and put on file for support of the probate right after.

Another example would need to be another discussion with what to do with the family home. Some would want to keep the house but some would want to sell it for a more updated family home. The people who want to keep the old home don’t want to let go of the memories of growing up together while the other side feel like it’s more beneficial to get a brand new family home for their own future family’s. It’s neither of the person’s fault because it’s a decision to keep memories or move on together. Everyone can have a different opinion with what to do with the property which makes the process more difficult then it already is.

What’s The Plan?

As you can see, there can be many difficulties when making a will and a trust so it’s important to plan ahead. You also need to discuss among family members with how you want your estate or assets to be handled out of respect but need to figure out with what’s best for everyone. There’s isn’t any questions into making a will and a trust. These are needed to avoid court battles for your own assets which they deserve or spending money on these court expenses. You need to do this out of respect for them. Make the distribution of an estate feel like a well established deal.

DISCLAIMER: The information provided in this blog is for informational purposes only and should not be considered legal advice. The content of this blog may not reflect the most current legal developments. No attorney-client relationship is formed by reading this blog or contacting Morgan Legal Group.

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