Rockland County Probate Attorney
When an individual dies, their estate, unless eligible for an exemption, must pass through the state probate courts. This process will involve the identification and gathering of all assets owned by the deceased individual, ensuring that their debts are paid off and working to distribute their assets in accordance with their last wishes. This can be a delicate and complicated legal matter, and having the support and guidance of a Rockland County, NY, probate lawyer can prove essential.
The Probate Process in New City, NY
The probate process in New City, NY, can be both time-consuming and costly. There are some ways to avoid this process altogether, and an estate planning attorney can review your estate and determine if there is a potential for this option. However, if your estate is required to pass through probate in the event of your death, there is a strict process that must occur. The New York probate process includes the following key steps:
- Petition filing and appointment of the executor. The first step in the Rockland County probate process is the filing of a petition with the surrogate court. This petition must include items such as the original will, if one exists, and the certificate of death for the estate owner. The court will then take the time to issue the necessary letters testamentary, which will allow the executor of the will the legal authority to act in control of the estate.
- The gathering of assets and payment of debts. Once the executor has been officially and legally appointed, they must begin the task of gathering and managing the assets held within the estate. This can include assets such as bank accounts, real estate holdings, investments, and personal belongings. The executor also must work to pay off any debts held by the deceased individual, such as taxes, funeral costs, or other liabilities.
- The distribution of assets. Once the debts have all been settled and the assets gathered, the executor must work to begin distributing that which is leftover to the beneficiaries named in the will as in accordance with the wishes of the deceased individual. If the deceased did not leave a valid will, the assets will be handled through the laws of intestacy of New York state.
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Common Issues Involved in Probate
Probate can be complex, and emotions or tensions between surviving family members can become tense, leading to issues that arise during the legal process. The most common issues involving probate with which the team at Greco Law can assist include:
- Will contests, which involve calling into question the validity of the will or the allocation of certain assets
- Any claims made by creditors against the estate for debts allegedly owed by the deceased individual
- Issues involving estate taxes, the value of the estate, and requiring a necessary valuation of all assets
- Disputes regarding property ownership of specific assets, such as valuable personal belongings or real estate
Speak With a Trusted Rockland County Probate Lawyer
If you have lost a loved one recently and find yourself involved in the probate process regarding your family member’s estate, the team at Greco Law can help. Contact our offices today to schedule an Legacy Planning Session and learn more about how we may be of service to you.
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