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Probate / Estate Administration

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 . . .


Tuesday, February 20, 2018

The Benefits of a Revocable Living Trust


What are the advantages of a revocable trust vs. a last will?

Revocable living trusts and last wills are two commonly used estate planning tools.  Wills and trusts both have their place in estate planning, but revocable living trusts offer some benefits that a last will and testament cannot. Your ideal estate plan will depend on your goals and assets.  Our


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Monday, June 26, 2017

Probate: An Overview of Letters Testamentary


An individual who has been named as the executor in a will has a number of important duties that are centered on collecting the decedent's property and transferring it to the rightful heirs through probate. This is a court-supervised process that governs how an estate is managed and distributed.

How is the Probate Process Started?

Before the probate is opened, the person named as the executor in the will must obtain Letters Testamentary. This is a legal document that gives the executor legal authority to carry out his or her duties, including:

  • Collecting and inventorying the estate assets
  • Having the assets appraised
  • Paying valid debts to creditors
  • Filing the decedent's final income taxes
  • Paying applicable estate taxes
  • Distributing the remaining assets to the beneficiaries

In order to obtain this document, the executor needs to petition the surrogate court in the county in which the decedent lived. This requires submitting the death certificate with the court clerk as well as completing an application.


Read more . . .


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