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Probate / Estate Administration

Wednesday, April 27, 2022

A Guide to the New York Probate Process: What to Expect


Probate is a term that refers to the legal process of distributing a deceased individual’s estate. This process includes demonstrating the validity of the Last Will and Testament or disbursing the property in cases where there is no will.

Cases in Which Probate Is Unnecessary

There are times when the probate process is not necessary.
Read more . . .


Saturday, November 27, 2021

Why Avoid Probate?


Probate is the court monitored process of administering an estate after a person has passed away. You may have heard that it can be a good idea to try to avoid probate, which can be accomplished during the estate planning process. At this point, however, you may be wondering why it can be so beneficial to avoid the probate process. There are several prominent reasons for doing this and we will discuss them in more detail here.

Why Avoid Probate?

The prospect of facing an intensive and extensive legal process in the wake of losing a loved one can seem less than appealing.


Read more . . .


Friday, May 29, 2020

Estate Administration Attorneys Help Executors Avoid Pitfalls


Q: Can an Executor pay beneficiaries whenever he or she wants?

When sitting down with a New York or New Jersey estate planning attorney to make a comprehensive estate plan, you’ll be deciding many important things that impact not only the end of your life and the financial future of your loved ones, but also what will happen to you if you become incapacitated by an illness, condition, or accident prior to your death.

Generally, you’ll execute a last will and testament and/or a trust to distribute assets in accordance with your wishes. You may do Medicaid planning to secure your assets in the event that you need long-term nursing home care at some point.
Read more . . .


Friday, December 13, 2019

How Your Accounts May Impact Estate Planning and Administration


Q: How can having many accounts or joint accounts impact estate planning and administration?

When New York and New Jersey estate planning attorneys meet with a client to craft a comprehensive estate plan, they begin a fact-finding mission that examines the individual’s unique lifestyle, their assets and debts, their goals and plans, their worries and dreams.

Despite following an estate planning road map of sorts, no two plans are exactly alike.
Read more . . .


Friday, July 19, 2019

Being the Executor of an Estate


Q: What does an Executor of an estate have to do?

When executors are depicted in the movies, there is generally drama surrounding the estate they are in charge of administering. In real life, there may or may not be drama over the executor’s duties--and much depends on decisions made during the estate planning process.

In a nutshell, Read more . . .


Monday, June 17, 2019

Putting Estate Planning on Your Bucket List


What should I do before I die?

There was a popular song a few years back by Tim McGraw encouraging people to live like they were dying. That sentiment – – to make the most of every minute of your life – – has a led many to create “bucket lists” of things they want to do and experience before they die. While bucket lists are a popular part of today’s culture, they become particularly important to people facing life-threatening or life-shortening conditions.

New York and New Jersey estate planning attorneys encourage people to add estate planning to their bucket list. This is good advice for everyone regardless of their health status.
Read more . . .


Tuesday, April 30, 2019

Can estates sue and be sued?


New York and New Jersey estate administration attorneys know that regardless of how well someone may (or may not) have planned their estate before passing, helping an executor through the probate process is an opportunity to bring comfort and to ease the stress on the executor. 
Often, went a testator makes their last will and testament, or “will”, they name a close family member like a spouse, adult children or other close family or friends as the Read more . . .


Thursday, March 14, 2019

Can the families of a gangster’s murdered victims inherit from his estate?


Many people who die in prison, especially those incarcerated for decades, may die leaving estates with little to no value. Some may not even have a will. But if they own anything that doesn’t pass automatically to the heirs, or if their estate has the potential of coming into money after their death, their heirs will likely need to go through an estate administration attorney to get it.


Read more . . .


Sunday, September 30, 2018

When Estates Have to Sue

Q: Does an estate ever have to sue someone?

When someone creates a last will and testament, commonly called a “will”, they name a trusted person to be the executor. That’s the person who will, with the help of an estate administration attorney, be charged with the responsibility of collecting and managing the assets of the estate, paying creditors of the estate, distributing and accounting for assets to estate beneficiaries, and other fiduciary duties. Executors receive a fee for performing these duties and they are also responsible for mistakes they may make.


Read more . . .


Friday, August 3, 2018

The Benefits of Avoiding Probate

Q: What is probate and why do people avoid it?

New York and New Jersey estate planning attorneys help people plan for their death and potential incapacity through the drafting of various legal documents collectively referred to as a comprehensive estate plan.

With respect to the distribution of assets and property after death, a last will and testament—also known as a will-- or living trust or both may be utilized to transfer the decedent’s property.

Upon death, certain property and accounts transfer automatically without the necessity of court intervention.


Read more . . .


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