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Probate Lawyer Nassau County, New York

Our law firm blends legal expertise with impeccable service and tailored solutions to ensure every client ends up with a personalized experience. We have an expansive knowledge base on all matters probate, and we transfer this knowledge to unique actions to your problem.

When it comes to handling your problem, we engage you in a personal and real way. We aim to develop a longstanding trusting relationship that will be based on results. Our expert probate lawyer Nassau County goes well beyond the talk to make sure we earn your trust.

We are on each day is to make sure your lives are easier than they are so that you can focus on more important things in your life, such as your family.

Your One-stop Probate Legal Center

A death in the family is usually a huge blow in itself, let alone dealing with the legal matters that crop up. The death of a family member usually creates issues that never existed before. Our probate lawyer in Nassau County understands these dynamics to the core and strives to help you navigate them with the right skills.

These issues also come with some legality attached; our probate lawyer helps you navigate these legalities the right way.

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Statistics show that the typical estate of a decedent at the time of settlement is between $50,000 and $250,000. On average, it takes 16 months to settle the estate, with small estates taking a shorter time than large estates.
ESTATE PLANNING LAWYER

Marianna Schwartsman

Attorney

Your One-stop Probate Legal Center

A death in the family is usually a huge blow in itself, let alone dealing with the legal matters that crop up. The death of a family member usually creates issues that never existed before. Our probate lawyer in Nassau County understands these dynamics to the core and strives to help you navigate them with the right skills.

These issues also come with some legality attached; our probate lawyer helps you navigate these legalities the right way.

Understanding Probate

This can be a confusing term because one is used to describe a process, and secondly, it is used to describe a process.

In terms of a place, probate refers to a probate court, a specific place in the justice system where you fo up to seek assistance with estate issues. An example is the Nassau County probate court. Secondly, as a process, it refers to administering an estate – proving the will is valid, paying off of debts, and distributing the property to the beneficiaries. It is a legal process for paying off a person’s debts and expenses and then distributing the property after the death of the will-maker.

In a probate process, the person who has passed away is referred to as a “decedent,” and the property he has left behind is called the “estate.” Normally the debts of the decedent are paid off from the estate. The property that remains is divided among the potential beneficiaries according to the will or the law in New York.

During the probate process, the court assigns the task of administering the process to a person called an executor or a personal representative. His role is to supervise the collection of all assets, payment of any debts owed by the decedent, and distributing the remainder of the property to beneficiaries.

When Do You Need Probate in Nassau County?

New York law applies to anyone that lived in Nassau when they died and to the residents of other states or counties that owned real estate in Nassau County. Whether the matter will be “probated” depends on various factors, including the property category and the assets’ ownership. For instance, unless a home was owned jointly by the decedent with survivorship rights, then probate is necessary.

You need to initiate the probate process when a person leaves behind assets that need the help of the probate court to pass down to heirs successfully. An example is when the person owns real estate and passes on, the court comes in to pass the property to the beneficiaries and resolve any issues that crop up.

 With the owner gone, there is no one to handle the process of passing the property on – this is when the probate court comes in.

The court appoints someone to oversee the administration of the estate. The personal administrator is given the power to close the accounts and pass on the property to the rightful heirs.

For personal property, the estate must be probated if the value exceeds $20,000. If the personal assets are less than this amount, then the potential heirs can easily collect the property using an affidavit, which doesn’t require the court’s involvement. This keeps the cost of administering the estate low.

Starting Probate in Nassau County

The process begins officially when someone formally requests that the estate of a decedent is opened. This request also directs the probate court to appoint a personal representative to oversee the process. This involves the filing of pleadings and various other documents with the court, including the death certificate and the testament of the decedent.

Normally, if the individual died with a will, then there is a clause in it naming a personal representative. If there is no will, or the decedent didn’t name a person to do this, the court will appoint one to act.

In Nassau County, this can be done formally or informally. When done informally, there is no need for a court case, and there are no court hearings. The estate is then administered without the need for court involvement.

Formal probate is way complicated than the informal case. It requires a court hearing and is used in proceedings where the interested parties want the court to handle it.

The personal representative should take inventory of all the property in the estate and then report it to the court and the potential heirs.

To determine the best way to open the estate cannot be easy for an individual. A probate lawyer in Nassau County can help you choose the best option based on the case’s underlying facts:

  • The size of the estate and the nature of the assets in the estate.
  • The complexity of the estate.
  • Whether there are any issues among beneficiaries, heirs and creditors.
  • The presence of real estate to be distributed.
  • Minors as beneficiaries.
  • Estate insolvency.
  • Out of state property.

Where to File Probate?

The first step in starting the process is to determine the appropriate county where to apply for probate. In new york, it refers to where the deceased resided at the time they passed on. If the person resides outside Nassau County, this should be filed in the county where their property is located.

Talk to a professional probate lawyer Nassau County to give you the direction on this. Usually, failure to report in the right location might lead to delays in the process, which also cost you a lot.

You may be asking yourself, “who may file for probate?” The law in Nassau County allows various people to file for probate. They include:

  • The people named in the will as heirs.
  • A nominated trustee under the will.
  •  
  • A trustee to a revocable trust.

Once a person files all the paperwork necessary to open the estate, they are referred to as a petitioner.

Our Role as Probate Lawyers in Nassau County

We are familiar with the probate court, and we have all the knowledge to navigate the probate process to make it easy for you. We serve all of Nassau County. Here is what we do for you.

Administering Wills

Administering a will can be a tough task, especially when dealing with a death in your family. While the court understands that you have grief at this time, they also know that the law must go on.

Additionally, death in the family usually strains some family relationships, especially when the decedent was in more than one marriage. The good thing is that our Nassau County probate lawyer understands these dynamics and can help you handle this task.

An executor or a personal representative does the administration of a will. The process is done with the assistance of the court in Nassau County.

The process depends on the complexities that come with the process – whether there is a will or lack of a will. At times the wills that appear so simple might turn out to be the most difficult. In a complex administration, the process needs court supervision, and this needs legal assistance.

Here are a few tasks you need to handle during this process:

  • Locate the assets and appraise them.
  • Notify all parties that are involved in the will.
  • Prepare an inventory of all assets.
  • Identify and clear all debts that are associated with the assets.
  • Transfer the assets to the beneficiaries as per the will.
  • Prepare and file tax returns.

While the tasks might seem simple and straightforward, you might come across issues that might derail the plan. When this happens, the keen eye of a lawyer can help you handle the obstacles.

We have helped many clients navigate will administration challenges, and yours isn’t a new concept. Contact us today to help you make the process easy. Don’t worry about your busy schedule – we offer flexible appointments to meet your needs.

Will Contests

In an ideal situation, the decedent’s will won’t be called into question, but this isn’t the case always. In an ideal situation, the will’s validity is contested by a beneficiary or any other interested party.

When a will is contested, whether you are contesting the will or defending its contents, you need a probate lawyer that is experienced with these matters to handle the case and tell you about your rights in such a situation.

As experienced attorneys, we understand how to contest the will and how to defend a contested will. In either case, there must be a substantial reason to contest it or defend it. When you need to handle any circumstances, we need to sit down and analyze the will before we can do anything else.

The Steps We Take in contesting a Will

Now that you have approached us to contest a will, we have a well-laid plan to do this.

The Initial Meeting

Our first step is to have a meeting with you. This is usually facing to face, and in some circumstances, we do this digitally, that’s if you cannot make it to the office. We discuss any concerns you have regarding the situation, and you give us the reasons you think the person who created the will lacked testamentary capacity.

Whatever the reason, you need to provide concrete evidence that there was an issue that needs a second look. Carry any documents that you have in your possession or copies of the necessary documents.

Understanding Time Limits and Steps towards Prevention

Once we have the information from you, we find out whether a Grant of Probate has been obtained. If none has been made, then we enter a caveat to prevent the grant from being made,

At this point, we also check what time you have remaining to probate the estate. The state of New York, of which Nassau County is part of has strict time limits for certain actions, and we need to stick to these limits for the process to work.

This is the main reason why you shouldn’t delay in consulting us. The moment you suspect that something is wrong, come in for a consultation.

Understanding the Property in the Will

If there is property involved in the will, we seek to know who the owner was and establish whether there are any restrictions. This will guide us in the game plan because some assets make the plan complicated.

To add to this, we look at the location of the property. If it is located within Nassau County, the better. However, if it is located outside the county, that he process changes, and we have to work with our colleagues in the county where the property is located.

Information on Drafting of the Will

As much as the will has been made and you feel it is in order, we still need to find out more about how it was made. We request a statement from the solicitor that drafted it, or that was present during its execution. We also ask you for a copy of the will for our file.

Getting Medical Records of the decedent

If you are contesting the will based on incapacity, we need to have the decedent’s medical records before he passed away. These records are also ideal when you contest the will based on undue influence or lack of capacity to write a will.

Discussing the Claim

Now that we have all the documents that we need, we request for some time then we call you in to discuss the claim with you in an objective manner. We tell you about any findings we have come across and the chances of success that you have with the case.

Preparing a Letter of Claim

After we determine that you have a case, the next step is to inform the executor that you wish to contest the will. The letter sets out the various reasons you are challenging the will and the remedy or the outcome you wish for. When you agree with the terms in the letter, we send it to the executor.

Usually, we include an invitation for the issue to be settled at mediation or any other alternative. The aim is to reduce the cost of probate and have an early settlement.

We have the expertise, but at the end of the day, any claim’s success will depend a lot on the quality of evidence you come up with. You need to work with a lawyer that you trust, and we are the outfit you are looking for. After checking out the evidence, we shall tell you in not so many words about your chances of success.

How Long Do We Take?

It is difficult to judge how long it takes us to make a claim. We will take the shortest time to help you set out the claim. Our experience gives us an upper hand in negotiating the settlement clearly without a lot of expenses.

With or Without a Will, the Estate Can Still End up in Court

Probate is the process of determining the validity of a decedent’s will. If the property needs to be administered by an executor or have taxes cleared, then the existence of a will doesn’t avoid probate. However, if all the property is held in a trust or joint ownership, probate might not be necessary. Talk to us to help you decide the best plan for the situation.

Why Choose a “Probate Lawyer Nassau County?”

When a loved one passes away, it is your responsibility to follow up and ensure that their last wishes get fulfilled. If you are new to this, you may not understand what you need to do.

Today, you cannot underestimate the need to hire a probate attorney. Our work is to ensure that you understand the kind of inheritance left behind by a deceased relative and how to get it through probate.

Working with us helps you to fulfill the wishes of your loved one without so much fuss. We guide you throughout the process while ensuring that the court does not stray away from the existing will. More specifically, we provide you with exceptional services that are not easy to find in other law firms. We ensure that what we do stands out and that you do not end up disappointed in our way of doing things.

Other main reasons why you should consider engaging our law firm are as follows:

We are Well Versed with Probate Systems

When you want to win a legal case, you have no business engaging individuals or organizations that do not have experience handling similar cases. The same applies to probate cases.

Our firm comprises of qualified legal experts who understand everything probate. Our probate attorneys are experts at handling similar cases for many years. Every member of our team understands the ins and outs of the probate system. We, therefore, stand a better chance of carrying out your case to completion.

We take considerable time assessing the nature, as well as facts associated with your case. We evaluate all the paperwork that you have to identify loopholes that may work in your favour.

In case you do not have enough information about the probate court’s legal procedures, you are less likely to understand what steps to take at each stage of the probate process. We make it our responsibility to guide you from the beginning to the end.

With the right knowledge about probate systems and years of experience, you can depend on us to handle all your estate’s legal matters.

We Have the Best Navigation Tactics

The only way you can win a probate case, especially if there is no will in place, is by understanding who the other interested parties are. You can conclude the probate process faster if you handle any uncertainties beforehand.

We work with our clients to ensure that they do not make any move that can jeopardize the process. We offer you proven, yet practical ways of navigating through disputes and creditor claims easily.

In case there are disputes filed against the estate, you are likely to lose against the contestants if you do not understand the implications of such disputes. We help you assess every claim or dispute as we also propose the best way out.

Our firm is allowed to interact more with the probate court, including the judges. We understand better how the court operates. We know the best way to tackle all legal issues that may arise. We make use of this knowledge to come up with smart strategies that work to your advantage.

We Help Our Clients Avoid Hefty Penalties

Making legal mistakes during probate can cost you a lot in terms of penalties.  The procedure is characterized by plenty of paperwork that needs to be done according to the law. When handling these papers, any small mistake you make can jeopardize the proceedings and lead to hefty penalties.

We always do our best to keep you from taking chances. We help you build the best legal system that protects the deceased’s rights and those of the decedent.

Hiring us gives you a better chance of going through probate without making a single mistake. Our lawyers have been trained to assess each action associated with your probate case before making it practical.

We Offer the Best In Terms of Resources

We keenly study your case to identify the right resources required to handle it. Our team understands that legal representation in a probate case goes beyond attending court proceedings. Our major focus involves gathering the relevant documents and preparing winning strategies on behalf of our clients.

We are experts at obtaining the relevant court resources and using them to efficiently. We make the best out of any information we receive from the court. We utilize such information to determine the next course of action for you, especially if your case is a bit complex.

We Save You Money

Working with us allows you to spend the time you would have used in filing paperwork and contacting beneficiaries doing something else.

We are very familiar with all the proceedings of your case and understand how we can speed it without compromising on efficiency. We can easily foresee any challenges and advise accordingly.

Making us your choice when selecting a probate law firm ensures that you get back to your normal life as soon as possible. In the long run, you will realize that you have saved a lot in legal and probate fees.

We are the most Reliable

You can count on us to expedite the probate process. It will not be long before your loved ones continue to live a good life with our firm. We ensure that the process does not go on for longer periods than necessary.

We keep our promises. We do not promise what we cannot deliver. In case we know that your case needs something we cannot offer, we inform you in advance so that you can make alternative arrangements – although we have not come across such cases in the past.

Our team has assisted every client we have received in the past. A good number of them indicate their willingness to work with us again should they lose a loved one again.

Our reputation as the most reliable practice is known far and wide. We respond to your questions in the most amicable way and ensure that you get the right form of assistance from our able team.

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Frequently Asked Questions

If, after a thorough search of the decedent’s home, you aren’t able to find a will, you need to check with the family members to find out if a will has been stored with them. If, after the entire search, the will isn’t available, you will have to work with the intestate laws in Nassau County.
The decedent can name more than one person as the executor of the estate. We have seen cases where a will has come with multiple names to be the executor. Well, this is a good thing because then these executors can act jointly, and this makes the work easier. Alternatively, the executors can choose to appoint one as the main executor and the rest as co-executors. When the primary executor fails to work in one way or another, the others can take his place.

Like every state, New York has specific requirements about how it will need to be prepared and executed. Failure to comply with these requirements in Nassau County might result in the document being rejected or contested over their validity.

The law in Nassau County requires that every will needs to be executed as follows:

  • The testator must sign the will in front of the witnesses (2).
  • The witnesses must subscribe to the fact that the testator signed the will in their presence.
  • The testator must be at list 18 years old to sign the will.
  • The witnesses must sign the will in front of the testator and then in each other’s presence.

As an executor, you can use our services to administer estate proceedings during probate. Our role is to assist the personal representative in handling the legal issues during probate administration.

While the will is a simple document that doesn’t need a lot of preparation, at times, you need to have some legal advice, especially when you own a lot of property. Your document is prepared to fit your needs, and not processed by an unlicensed paralegal or an internet site that is out to make a few bucks.

You can conduct a probate search in various ways:

  • You can visit the probate office in Nassau County and ask to search the records. You do this for free if you decide to do it on your own. If you require the assistance of the clerk, then you might pay a small fee.
  • If the record is recent, then you can search for it in the online database.
When you work with us, you get a full scale, fully professional firm that is ready to make things work best in your interest.
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