Long Island Probate Lawyers Helping Clients Navigate Probate
Also Serving: New York City
In New York, individuals who die with a will must have their estate resolved in a process known as probate. This is also true for those who die intestate, or with no will. The probate process can be complicated and expensive, so it is important to hire legal professionals who can help simplify the process, saving you time and money.
If your loved one has passed away, you have our deepest sympathies. We know this is a difficult time for you and your family, and we promise to stand by your side throughout the estate administration, including probate. We have decades of combined experience helping guide clients like you through the complex and confusing probate process. Please reach out to us if you have any questions or to schedule a assessment by calling (516) 253-1366.
What Is the Probate Process in New York?
Probate is legally required in the state of New York whenever someone dies with a will. For individuals with no will, or who died intestate, probate is also necessary. However, probate is not required if the deceased had trusts only and no will.
Some of the specific steps that must be taken when an estate goes through probate are:
- Validating the will, ensuring it is legally sound
- Inventorying the decedent’s estate, including all properties and assets
- Appraising properties as necessary to determine the value of the estate
- Paying all debts, including taxes
- Resolving disputes regarding creditors
- Settling disputes among beneficiaries
- Distributing the remainder of the estate according to the will
- Preparing and filing final tax returns
Please note that if the person died with no will, the above steps would be the same. However, the estate would be distributed to beneficiaries according to New York law because there would be no will to indicate the wishes of the deceased.
What Are Some Risks Associated with Probate?
Estate planning lawyers often warn individuals about probate, designing an estate plan that avoids the process as much as possible. This is because probate can be complicated, time-consuming, and costly, burdening family members who are already grieving their deceased loved one. Probate can also make it difficult, if not impossible, to recover the inheritance your loved one left behind.
Some of the risks associated with probate are:
- Family disagreements – Family arguments over the inheritance can lead to bitter feelings for years to come.
- Loss of privacy – Since probate is a public process, your estate will go on the public record and become general knowledge. This is one of the main drawbacks to the probate process for many people.
- Lack of flexibility for your executor – The executor will lose some of their ability to make decisions because many matters will be settled by the court according to New York law.
- Probate is costly, time-consuming, and complex – Each step during the probate process could take months, adding a significant burden to loved ones who are already mourning.
- Loved ones may be left with nothing – Because your inheritance is distributed according to the law and the estate’s expenses must be paid before distribution occurs, friends and distant family members could receive nothing.
Why Do I Need a Probate Lawyer?
Because of the risks associated with probate, it is essential to hire knowledgeable probate attorneys to help you through this process. Your lawyer can help assess the estate’s value, appraise real estate properties, transfer assets to beneficiaries, ensure all debts are paid, and help calculate and file taxes. With the risks involved, it is crucial to have a lawyer on your side during probate.
Should You Hire Our Probate Attorneys?
During this challenging time, you should not feel you have to handle the complicated matter of probate alone. Please reach out to estate and probate legal advisors on Long Island for legal professionals who understand the New York probate process and will walk beside you the whole way.
At Davidov Law Group, we want to relieve the heavy burden that has fallen on your shoulders with the death of your loved one. We promise to listen compassionately to your concerns and offer the counsel and representation you deserve throughout the administration of your loved one’s estate. Contact us right away for all of your estate administration needs at (516) 253-1366.