Nassau County Probate Attorneys
Navigating the probate process can be overwhelming, especially during a difficult time. Kirshblum Taber PC is here to provide expert guidance and support, ensuring a smooth and efficient process for you and your family. Based in Nassau County, our firm is dedicated to offering comprehensive probate services tailored to meet your specific needs.
Don't navigate probate alone—schedule a free consultation with a trusted Nassau County probate lawyer today. Call us at (516) 908-8842 or fill out our online form to get started.
What is Probate?
Probate is the legal process of validating a will, settling debts, and distributing a deceased person's assets. If there is no will, the assets will be distributed according to New York state law.
This legal process takes place in a local Surrogate's Court in Nassau County, where the will is filed, the executor is appointed, and the estate is administered. If the decedent did not leave a will, the estate will be handled according to New York state intestacy laws, which determine how assets are distributed among family members.
The probate process involves several important steps:
- Validating the Will: The first step in probate is determining if the deceased person’s will is valid and legally enforceable. This involves reviewing the will for proper signatures and confirming that it was executed in compliance with New York’s laws.
- Appointing an Executor or Administrator: If the decedent had a will, it likely named an executor to carry out the terms of the estate. If there is no will, the court will appoint an administrator to manage the estate.
- Inventorying Assets: The executor or administrator is responsible for compiling a complete inventory of the decedent’s assets, including real estate, bank accounts, investments, and personal property.
- Paying Debts and Taxes: Before assets can be distributed to heirs or beneficiaries, the estate’s debts and taxes must be settled. This may include paying off outstanding bills, credit card debt, and filing estate tax returns.
- Distributing Assets: After debts and taxes are paid, the remaining assets are distributed according to the will or state law.
Common Challenges in the Probate Process
Probate is not always a smooth process. Common challenges that may arise during probate include:
- Will Contests: Family members or beneficiaries may contest the validity of the will. They may argue that the decedent lacked capacity, was unduly influenced, or did not properly execute the will.
- Disputes Over Asset Distribution: Disputes over how assets should be divided among beneficiaries can lead to delays in the probate process. Sometimes, disagreements arise over the value or ownership of assets.
- Creditor Claims: Creditors may make claims against the estate for unpaid debts, and if the estate does not have sufficient assets to cover these claims, the process can become more complicated.
- Failure to Follow Procedure: Missing deadlines or failing to submit the required paperwork can delay the probate process significantly. Having a knowledgeable Nassau County probate lawyer ensures that all deadlines are met and procedures are followed.
Probate Services We Offer in Nassau County
At Kirshblum Taber PC, we offer a wide range of probate services to help you through every step of the process. Our services include:
- Will Validation: Ensuring the deceased's will is legally recognized.
- Asset Distribution: Facilitating the transfer of the deceased's assets to the rightful beneficiaries.
- Debt Settlement: Addressing any outstanding debts or obligations of the estate.
- Dispute Resolution: Handling any conflicts or challenges that may arise regarding the estate.
- Estate Administration: Overseeing the entire probate process to ensure compliance with New York laws.
Our team is well-versed in handling both straightforward and complex probate cases, and we are committed to providing personalized solutions that reflect the unique circumstances of each client.
Why Choose Kirshblum Taber PC?
Choosing the right probate attorney is crucial for a hassle-free probate process. Here’s why Kirshblum Taber PC stands out:
- Expertise: Our attorneys have extensive experience in New York probate law, allowing us to handle any complexity with ease.
- Personalized Service: We take the time to understand your specific needs and tailor our approach accordingly.
- Efficiency: Our goal is to resolve probate matters promptly, minimizing stress and delay for our clients.
- Compassionate Support: We provide a supportive environment, helping you focus on what truly matters during this challenging time.
If you're seeking a reliable Nassau County probate attorney, Kirshblum Taber PC is here to help.
Contact us today by calling (516) 908-8842 for a consultation and take the first step towards resolving your probate matters with confidence and peace of mind.
Probate Frequently Asked Questions (FAQ)
Do You Need a Lawyer for Probate in NY?
While not mandatory, having a skilled probate attorney can prevent costly mistakes and ensure the process runs smoothly.
How Long Does Probate Take in Nassau County?
The duration varies depending on the complexity of the estate, but our efficient approach helps expedite the process. In simpler estates with no disputes, probate may take anywhere from six months to a year. However, more complex estates—especially those involving significant assets or contested wills—can take several years to fully resolve.
What Happens if You Don’t File Probate in New York?
If probate is not filed in New York when required, the deceased person's estate may not be properly administered or distributed. Assets in the estate could remain in limbo, and creditors may continue to pursue payment from the estate’s assets. Additionally, there is no legal authority to manage the deceased person's financial affairs, which could lead to disputes among family members or beneficiaries.
How Much Does an Estate Have to Be Worth to Go to Probate in NY?
In New York, there is no specific minimum value that requires an estate to go through probate. However, probate is generally necessary for estates that include assets solely in the decedent’s name, such as real estate or bank accounts, that need to be transferred or sold. If the estate’s assets are under $30,000 (excluding real property), it may be eligible for a simplified process known as voluntary administration. If the estate has more than $30,000 in assets or includes real property, it will likely need to go through the formal probate process.
What is Exempt from Probate in NY?
In New York, certain assets are exempt from probate, including joint tenancy property, which automatically passes to the surviving co-owner, and assets with designated beneficiaries, such as life insurance policies, retirement accounts, and financial accounts, which transfer directly to the beneficiary. Additionally, assets in a living trust are not subject to probate, as they are distributed by the trustee. Estates valued under $30,000 may qualify for voluntary administration, a simpler process that bypasses formal probate.
How to Avoid Probate in NY?
To avoid probate in New York, consider establishing a revocable living trust, where assets are directly distributed to beneficiaries without probate. Joint ownership of property or accounts with survivorship rights allows the surviving co-owner to inherit without probate. Designating beneficiaries for life insurance, retirement accounts, and payable-on-death accounts ensures assets bypass probate. Additionally, gifting assets during your lifetime and using payable-on-death accounts can reduce the estate's value and avoid probate.
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“David and Orly are the definition of a DREAM TEAM!!”
Dedicated and Experienced Legal Professionals
Our lawyers serving Nassau County bring a unique background of experience. Attorney David A. Kirshblum, Esq. is a retired judge who has spent over 24 years on the family court bench, including presiding over cases involving Sean “Puffy” Combs, Al Pacino, and Mick Jagger.
He has also written decisions that have been affirmed by the NYS Appellate Division. Having been on the judicial side of the law, Attorney Kirshblum has a unique perspective that can prove advantageous to strategizing against the other side.
Further, while Attorney Kirshblum handles the family law side, Attorney Orly Taber, Esq. has significant experience with estate planning and helps clients, particularly the elderly, with estate matters and ex-spouse property disputes.
She is an energetic and client-focused lawyer who helps build estate plans that safeguard your personal and material interests.
Both Nassau County lawyers at Kirshblum Taber PC are experienced and professional advocates who treat their clients with respect.
Schedule an initial consultation with our attorneys by calling (516) 908-8842 today to get started on your case.
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Speak To An Attorney Today About Your Legal Matter. Call 516-908-8842 Or Fill Out the Form Below.