Probate is a process which validates and pronounces Last Will and Testament of Individual as valid and effective for purposes of estate administration and asset distribution. If you have had a loved one pass away recently, you may have found that their Will has to pass through probate court before debts of the decedent ?may be paid and the remaining assets of the decedent may be distributed to the beneficiaries. Depending on the size and complexity of the estate itself, this process can take anywhere from few weeks to several years. If you are a beneficiary of the estate, or involved in it in any other way, it is important to understand what to expect and to have the help you need. Probate process includes several steps. This will provide you with an outline of what to expect while this event is taking place. Petition – When an original Will of the decedent is discovered by the surviving spouse or children, the probate process will begin by filing a probate petition with the probate court. When this occurs, all heirs and beneficiaries must also be notified that a court hearing will take place. If at a later point later Will is discovered by someone else or if there are allegations of the fraudulent activity, the actual Will or a Will produced under undue influence, the objection to probate will be filed with the court and this will lead to a hearing. Notifying Creditors – New York has laws on how creditors are notified of the decedent’s death and how such creditors must go about presenting claims to the executor. The estate fiduciary has an obligation to dispute all claims, except properly owed, legally enforceable obligations. Inventory & Valuation – All assets within the estate need to be identified and their value must be established using prescribed methods of valuation. This will be handled by the representative of the estate, Executor or Administrator. Distribution of Assets – Once all debts have been paid, all remaining assets will be distributed to the beneficiaries of the estate or trusts will be funded. This is done according to the provisions of the Will or Revocable Trust, if there is one. There are many tax elections that may be made by the executor in order to take advantage of various deductions and =credits available to the estate. Once everything has been distributed, the probate process Read more [...]

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An attorney can be helpful throughout the probate court process. This is especially true if you have been appointed as the executor or personal representative of the estate. If you would like assistance with any aspect of the probate process, please contact us. We can be reached by dialing 347-803-2461. We work in all probate courts throughout Brooklyn, Staten Island, Queens, Manhattan, Bronx, and Long Island, and we’ll be happy to assist you with anything that you need.   There are often conflicts during the probate process, and this is especially common if there is no comprehensive estate plan or Will that gives explicit instructions on how assets should be distributed. If a conflict arises, the courts will listen to both sides of the argument. A conflict during the probate process should be treated quite similarly to any other legal conflict, so whether you are a surviving spouse, a child, a beneficiary named in the Will or a nominated Executor, you should have an attorney representing your interests.

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Estate planning is a legal process where you make an effort to preserve your assets now, and decide how they will be distributed at your death or during your life. When done properly it can help to save you and your estate thousands of dollars, and ensure your final wishes are carried out.   Proper estate planning will allow you to ensure you are able to control what happens to your assets now and after your gone. It is the best way to ensure your specific wishes are followed rather than hoping the courts make the right choices on your behalf.  There are many benefits to estate planning including minimizing the taxes that are owed, maintaining privacy for your estate, helping your loved ones avoid probate court, and much more.   If you are the executor of an estate, you will have quite a few responsibilities that you need to take very seriously. One of the most important of these is making sure the taxes are paid on time, and in full, for everything you are responsible for. Estate taxes may be deferred in whole or in part and it will be your responsibility to make sure that you make all the right elections timely (this is especially true for an estate that is highly illiquid, i.e. holds assets other than cash or marketable securities). You need to analyze how taxes are going to be allocated among the beneficiaries and how funds are going to be raised to pay taxes.

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