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About Elder Law in New York
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At our probate law firm NY, the aim of our probate attorneys is to assist grieving families and executors navigate the complex process of probate, ensuring that the loved ones of the deceased get what is due them quickly and that tension within the family is kept minimal. We understand that probate is often a trying time coupled with the grief, and that is why we bring empathy to the table in dealing with our clients.

Probate must be carried out in the county where the decedent owned property. As with all legal issues, probate laws vary from place to place and only a probate lawyer near you will understand fully the probate laws of your county and must have had experience dealing with other families therein.

So if you are asking, “Where do I find a probate attorney near me 10039,” you need not look far. We are just a phone call away. Contact our office today to speak with a probate attorney 10039.

Important things to know about the New York probate process

Is probate always necessary?

Probate is dependent on the value of estate left by the deceased. If the estate is worth less than $30,000, then a Small Estate Administration will be carried out rather than probate. If the only asset left by the deceased is real property with or without other belongings not adding up to $30,000, the real property must pass to the next of kin outside probate. Probate must be done if the total estate values up to $30,000 or more.

Must every asset be probated?

According to New York laws, only assets held in the name of the deceased only can be probated. Assets jointly held with rights of survivorship must pass to the surviving joint owner outside probate. Assets held in a trust or having designated beneficiaries such as POD accounts, 401(k)s and insurance proceeds must pass to the beneficiary designated outside probate.

When and how does probate begin?

Probate is initiated by the executor named in the will by filing a petition along with the original will and death certificate of the decedent to the Surrogate’s Court. The court then validates the will and if valid, approves the executor to commence probate and disburse the estate according to the will. If the will is found to be invalid, the court must appoint an estate administrator who will then carry out the roles of the executor.

If there is no valid will, how then would the estate be disbursed?

In the absence of a valid will, the decedent is said to have died intestate, and their estate is administered according to the New York laws of intestate succession.

This law mandates that the first $50,000 of the estate plus half of what’s remaining must go to the surviving spouse. The other half will then go to the children. In the absence of a spouse, the entire estate goes to the children and vice versa. In the absence of either, the entire estate must go to the parents of the deceased or their siblings, or grandchildren, depending on the closest survivor in that order.

Rejection, Will contest and estate litigation

A family member may contest the validity of the will and even reject your position as an executor. They may not understand the probate process and so misunderstand your management of the estate. You may even be accused and dragged to court. The occurrence is not uncommon in New York.

Here, you would need the backing of a probate attorney. Will contest occurs when dissatisfied parties legally rejects the validity of the will. Estate litigation may occur among family members who feel cheated. All of these scenarios would require the professional handling of an experienced attorney in order to quickly resolve such issues. His presence, guidance and explicit explanation of the will and probate process will even help them better understand the legal situation and hence prevent all unnecessary accusations and lawsuits.

Responsibilities of the personal representative during probate

  • Initiating probate by filing the petition to the probate court
  • Notifying the family of the deceased and all interested parties about the commencement of probate
  • Collecting and valuating all assets held in the decedent’s name
  • Creating a checking account from which estate expenses will be paid
  • Settling funeral expenses, court fees and attorney charges, estate debts and tax, all from the estate purse
  • Disbursing the assets left over after the preceding step has been completed.

The probate attorney 10039 will assist in carrying out all the above responsibilities and the paperwork associated, thus enabling speed and efficiency. Kindly contact our probate law firm today for a seamless probate.

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