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Probating wills and the Surrogate process
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The Estate Probate Process
The executor (in a probate proceeding) or a close family member (in an administration proceeding) will typically hire an estate attorney to file a petition with the court. The petition would seek to have the will admitted as the decedent’s last will and testament (in a probate) and would ask the court to appoint someone to collects the decedent’s assets, pay the bills, and distribute the remainder of the estate assets. In both cases, the decedent’s close family needs to be officially notified of the petition through a citation. They are also given a chance to contest the will, if they so choose. Once the executor/administrator has been appointed, they are the representative of the estate and may undertake all necessary steps to properly carry out their responsibilities of marshaling assets, paying debts, and making distributions.
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Probating wills and the Surrogate process alike can be very challenging without the help of a legal professional. If you have recently lost a loved one, you are probably confused about your legal rights and responsibilities in relation to the deceased’s estate. Our law office routinely assists clients in your situation and we are available to discuss your matter during our free consultation.
Why Choose Probate Attorney
Once the executor/administrator has been appointed, they are the representative of the estate and may undertake all necessary steps to properly carry out their responsibilities of marshaling assets, paying debts, and making distributions. They are entitled to certain statutory payments and may hire professional assistance to carry our their responsibilities, including attorneys and accountants. The law is ever-changing, and it is advisable to speak to an attorney about your particular case.
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Contact us today at (347)766-2685 to schedule a free consultation to see how we can assist you in realizing your individualized objectives.
Probate Attorney FAQ
If your mother or father passed away the spouse will be the automatic heir of all the assets. In the event that the spouse is not living the children will split the inheritance equally. In the event one of the children is deceased then their children would inherit that allotted portion. In a situation like this, many legal intricacies can arise and a lawyer should be contacted
One should not put themselves in a situation where they would need to embark into the probate process in order to claim and estate. The process is tedious and costly and can be avoided by simply assigning a living trust for the estate. In the event it’s too late you can contact our office and help you understand what a probate proceeding entails and what the different costs can potentially be. The costs will vary from case to case.
Estate Planning is a strategy to distribute one’s assets after death. Usually involving a will, there are several possible legal paths of protecting one’s estate.
In New York, An estate is all property and assets owned. It includes both real property (like a home) and personal property (bank accounts, investment etc).
Estate planning allows you to make the transfer of ownership to your loved ones as easy and inexpensive as possible. With proper planning, estate taxes, court fees, and legal fees can be reduced.
While a will is not required by law. There is no reason NOT to have one. A will allows you to prepare in advance your requests and desires for the distribution of your assets.
Generally it is a good idea to hire an estate planning lawyer to assist in creating a will. There are certain legal requirements involved in creating a binding will. The larger your estate is the more important it is to properly plan in advance and spend the time considering how to structure your will.
In the state of New York there is an estate tax, additionally, there is a federal estate tax. Without properly planning, structuring, and protecting assets, the taxes and fees involved with inheritance can be significant.
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- Roman Aminov Estate Law Firm of Queens, 147-17 Union Tpke, Queens, NY 11367
