NYC Probate Process

NYS Probate Process

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At the point when the individual who passes had a Will then the Will should be documented in Surrogate’s Court and conceded for probate. Probate is the most common way of demonstrating that the Will is legitimate. During probate, the Will has demonstrated as per the general inclination of the Court that it’s the Last Will and Testament of the individual who passes. When the judge in Surrogate’s Court, who is known as the Surrogate, is persuaded that the Will is legitimately OK, the Executor named in the Will is named to give out the home that had a place with the individual who passed on and complete the desires of the person. The Court regulates this cycle. On the off chance that the Decedent passed on without a Will, an organization continuing ought to be documented.

The Executor records the first Will and a guaranteed demise declaration, an archive that has the date and area of an individual’s passing, alongside a structure called a probate request in the Court in the district where the individual that died resided and had their main living place.

Relatives qualified for a portion of the perished individual’s property are called beneficiaries. The Decedent’s beneficiaries should likewise be recorded in the probate request. Distributees should be presented with a notification, called a reference. The reference gives the Surrogate’s Court purview over them. This implies that the Court has the ability to conclude the freedoms of individuals included.

The distributee can sign a waiver and agree to the arrangement of the Executor or come to court to contradict the arrangement. Recipients who will acquire something under the Will should be advised of the probate continuing. As a rule, it very well may be really smart to get a legal counselor.


  1. If my spouse dies, do I get his social security and mine?

Yes, according to the surviving spouse law, you’re able to collect all funds from his or her social security onto yours.

2.  What is a pour-over will?

A pour-over Will is a Will written and documented stating the actions needed to be done through the trustee which will be transferred to him or her. The truster is someone who’s responsible for many assets to be taken care of or sent to assigned beneficiaries.

3. Who qualifies for Medicaid in NY?

Women who are pregnant or those with children over the age of 18, seniors, and those with disabilities. Disabilities such as blindness, deafness, etc, or physical injury are also eligible for Medicaid.

4. What is elder law?

Elder law handles long-term care including future medical care, special needs care for those who are handicapped or mentally disabled, and estate planning from ages over 50. This type of law also handles cases with elder abuse as long as there’s evidence of these sorts of cases. Elder abuse can come from members of the family and the elder can approach a lawyer to report this sort of behavior to prevent manipulation of your estate plan.

5. Does transfer on death avoid probate?

The transfer of death only makes the probate process much more difficult having you provide additional details and reason for the transfer. This makes the process longer and if it’s longer, it’ll be more expensive. The only way to avoid probate is through a trust because everything would be set up or planned ahead, especially the transfer of death.

6.   Are living trusts revocable or irrevocable?

A living trust can be both but with an irrevocable trust, you cannot change anything that’s been documented unless you discuss the changes with all beneficiaries and court.

7. If my spouse dies do I get his social security and mine?

Because of the laws of Estate Planning, there’s something labeled, the surviving spouse clause where if one spouse dies, the surviving spouse gets his or her assets. The only assets not provided would be government funds that the spouse still owes or would actually lose the entire thing because of labeled ownership unless there’s a Will stating rights to owning these finances.

8. Why do I need an elder law attorney?

The only reason you should have an elder law attorney is to have a lawyer to care for cases that are related to future needs leading to promising medical care that can protect yourself and your assets including your estate. An elder law attorney can also protect you from elder abuse that you can report to your lawyer and court.

9. What happens if you die intestate?

Who’s ever married to you or related to you by blood gets your inheritance through the surviving spouse gets it all unless the Will or trust says differently.

10. How long can you receive unemployment in NY?

In the state of NY, you can collect unemployment for 26 weeks but with the pandemic happening, it can go as long as this is drawn out.

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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