Westchester Estate Planning and Probate Lawyer

Westchester Estate Planning and Probate Lawyer

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About Westchester

When getting an estate lawyer in Westchester New York you’re getting just as good as the services you would get in the big city. They have a responsibility to protect entire families, the entire estate and to make sure everyone is in a comfortable situation. Lawyers in Westchester have possible lower fees than a lawyer in New York City because of location. Though in Westchester New York the houses are bigger with an estimate of  bedrooms between 2 to 4 and 2 to 3 bathrooms which will come to a price that will be lower than a small estate in the city. So when it comes to finding an attorney it is recommended to find someone out of the city rather than in the city to avoid high fees and if your looking for someone cheaper. They can help you from either forming a Trust, your final will and more.

Probate Lawyer

A probate is the finalization of the final Will and proof of authenticity to the state. It is documented that the estate has gone through authorization from court. In order to keep things in order a probate lawyer is crucial in this matter and you will be in the hands of a professional who will make sure all your needs are met on your will. If there is a possibility of a cold sale which is a modification soldier well the probate lawyer can help you smooth out the process towards the probate having you avoid any additional fees and a shorter wait time. The price of the probate in NY, it go from $300 to $800 an hour. The service fee for the estate attorney can be over $3000.


1. What is an Estate Settlement?

An estate settlements is the process of a decedent’s estate being transferred  to an assigned trustee or beneficiaries. There’s also planning of who obtains all these assets but expenses that go with it all.

2. Who Inherits When There is no Will?

In estate planning with no heirs all of the decedents assets is determined by the court or distributed to organizations that provided these assets in the first place. With the estate, it’s also determined with who receives the household but more funds and fees will be included. Usually the spouse or any other close relatives would inherit these assets but again, fees is included.

3. How do I get a copy of a death certificate?

You can get your death certificate either at the funeral director, the Vital Statistics/Death Records Department in the district of death, or you can even contact someone in the Department of Health.

4. What is a Will Contest?

A Will contest occurs when the probate has been challenged. This can occur if the Wills isn’t clear or many things everyone in the family won’t agree with. More fees can occur but may be getting rid of the possibility of other fees if the Will is challenged. The attorney must supervise the entire process as well to make the document more valid.

5. Does New York Have an Inheritance Tax or Estate Tax?

New York doesn’t include a inheritance tax but a estate tax is included by law with federal taxes.

6. Can an irrevocable trust be amended?

One thing you can do by is to remove assets you’ve written within the trust. You will still have the trust on file but it’ll be one that is empty. There’s also booking an appointment with the court through a trustee since he or she is responsible for making any adjustments as well in the trust even if it’s irrevocable. As long as there’s a good reason for the modification.

7. How long do you have to work to collect unemployment in NY?

According to the official ny.gov website, you need to be working for at least a month and in file at least $2,700 in wages.Your base period also needs to be higher than your quarter wages.

8. Can I make a handwritten will?

You can make handwritten Wills but some states have different procedures when it comes to this which makes the process itself more complicated. It’s best to get an official legal document from an estate attorney because it’s more organized, effective, and official.

9. Can I collect unemployment if I go to school?

To receive unemployment you need to document that you’re looking for work and enrolled in school to receive some benefits.

10. Can a probate be avoided?

There’s an understanding when wanting to avoid a probate and it’s due to waiting a year for courts approval or even having the courts approval rather than your own. Both these things can pile more fees on top of the file the more complicated things get through many disagreements. Though most Wills or trusts are specific which already comes with it’s complications which is why it takes a while for the probate to process. It is necessary to use the probate because if you’re looking through the file rather than an attorney, you will be prone to mistakes and more fees that the attorney could of spotted. Upcoming mistakes can also cause the filing to be longer than it should. So you shouldn’t avoid any probates.

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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