New York Probate And Estate Administration
At Korsinsky & Klein, LLP, our skilled New York estate planning lawyers assist individuals and families throughout New York with various types of probate and estate administration matters. When you hire us, we will work extensively with you to make certain that you are in compliance with tax regulations and that your estate is distributed accordingly.
Duties Of The Executor
Probate refers to the process of disposing of the decedent’s estate, assets and property as stated in an enforceable and valid last will and testament. The probate proceeding can begin once a will is proven to be legally valid. The probate process will be conducted by a named executor and can include the following procedures:
- Finding and collecting all estate assets
- Obtaining an estate identification from the IRS
- Opening an estate account
- Managing estate assets
- Paying any debts or taxes owed on the estate
- Reimbursing any reasonable funeral expenses
- Awarding compensation to the executor for their time
- Distributing the remaining assets to the beneficiaries as described in the will
- Transferring the estate property
- Carrying out official closure of the estate
Although the probate process can be relatively straightforward, it is not uncommon for disputes and will contests to arise. When family members feel as though they have been unreasonably left out of a will or believe that a will was created fraudulently, or when it is believed that the decedent was not of sound mind, a normally straightforward legal process can become extremely convoluted. Our experienced New York probate lawyers will represent you through the probate process and address any disputes that may arise. Along with New York probate matters, we also handle these types of cases in the state of New Jersey.
What Happens If My Loved One Died Without A Will?
When a person passes away without a last will and testament (intestate), the property and assets must be collected and distributed through the process of estate administration. Once an administrator of the property is appointed, the administrator will assume the responsibility of settling the estate. This could include gathering assets, paying debts or estate taxes and distributing the remaining assets.
It will be the primary duty of an estate administrator to keep careful and concise records of all property involved in estate administration. The estate administrator will be required to distribute the assets according to the general rules of distribution under New York’s laws of intestacy, Estates, Powers and Trusts law, Section 4-1.1. The determination of estate distribution will depend on the type of property and by whom the decedent is survived, including blood relatives, spouses and children.
Let Us Assist With Probate And Estate Administration Matters
At Korsinsky & Klein, LLP, we take the time to listen to our clients. We know that there can be few things more stressful than having to come to terms with the death of a loved one, so we strive to make the process of probate and estate administration as easy as possible. When questions arise over the distribution of property or when you have concerns about the process, our legal team will be at your side, ready to address your needs compassionately and patiently.