Author: gene@creativeservicesny.com

Why do I need an estate and probate attorney?

New York estate and probate attorney

Estates can be complex even though it may appear to most to be simple. Most individuals do not know the laws and how to administer an estate in accordance to the state and local laws and need the assistance of a licensed attorney. Many clients contact us and state that this is a “simple estate,” but we have found out that “simple” means there is a Will and one asset or just one asset and no will. Our clients are surprised to learn of all the documents that is needed to either probate the Will so that the Court appoints the executor or obtain a decree from the Court appointing the administrator. Many Wills contain trust provisions which complicate the proceeding, type of proceeding and the type of documents needed.

Many clients do not know what is required of them in the administration process and if they make a mistake on a transfer of assets or distribution it can be costly but also there may be personal liability attached to that mistake.

It is highly recommended and expected that fiduciaries such as executors, administrators and trustees obtain legal counsel to assist them and provide them with guidance throughout the process which will then insulate them from any liability assuming they comply with the attorney’s instructions.

A probate or estate attorney will prepare all the necessary documents needed for the Court process in order to appoint a fiduciary to the Estate or Trust. That fiduciary will then be responsible for the administration of the estate and settle same with the assistance of the estate attorney. If there is a trust involved, it can sometimes be more or less complicated but more private.

Estate and probate attorneys will assist in the following:

collection of life insurance policies,
determining and paying the inheritance taxes,
filing all other necessary tax documents,
figuring out the order in which liabilities are settled,
identifying and collecting all assets in a timely manner while securing them until they can be sold or distributed,
opening and managing estate accounts,
ordering appraisals,
paying all debt and final bills,
preparing all accounting documents and final distribution,
preparing and filing all court documents to close out or update the estate proceeding as needed,
update letters of appointment and modify as needed,
transfer assets in beneficiaries’ names and closing documents.

Some questions your attorney may ask you are:

Is there a Will?
Do you have the original Will or know where the original Will is?
What is the type of assets in the Estate and value?
Are there any contentious heirs or beneficiaries?
Does the Will contain any trust provisions?
Is it a pour over will?
If there is no Will, do you know the next of kin information?
Are there any issues with the house, mortgage, foreclosure?

Some questions you may want to ask your attorney?

How long have you been practicing as an estate probate attorney?
Have you practiced before the Court where my case will be?
How do you charge?
How long does it take to obtain Court letters?
And the administration process?
If someone objects to the Will, what happens?

Contact a NY Estate & Probate Attorney

Contact a New York Estate & Probate Attorney, the Law Office of Bonnie Lawston, P.C., if your loved one passed away in New York State, or if your loved one had assets based in New York and you reside in another state, then our law firm can assist you with your legal matters. Call us today at (631) 425-7299

Estate Litigation Attorney Settling an Estate in New York Without a Will

New York Estate Administration Litigation Attorney serving all of Nassau & Suffolk Counties in NY

Why do I need an estate litigation attorney?

Our firm will represent the interest of heirs and beneficiaries to protect their interests.
Attorneys for estates do not protect you as an heir or beneficiary.
We also represent and protect administrators.
Estate litigation often involves seeking the return of assets, negligence and fraud.
We will work to seek out these issues to protect you and maximize your inheritance and estate assets.

Since these actions are often hidden, your very skilled and experienced litigation staff can navigate the court proceedings quickly for you.

Many of the estate litigation involves:

Will contests
Fiduciary litigation
Trust contests
Contested accountings
Spousal right of election claims
Wasted assets and other breach of duty, negligence and other claims.

For more information, contact the Law Office of Bonnie Lawston, P.C. Call the NY Probate Estate Administration Litigator at (631) 425-7299 for a free case evaluation and consultation.

Office Address:1841 New York Avenue, Huntington Station, New York 11746 (No Mail to this Location)

Mailing Address: P.O. BOX 317, RIDGE, NEW YORK, 11961 (Send All mail and correspondence)

Office (631) 425-7299 Fax 1-866-431-0101

WWW.LIestateATTORNEY.COM

Estate Litigation Attorney Settling an Estate in New York Without a Will New York Estate Administration Litigation Attorney Why do I need an estate litigation attorney?

Inheritance Rights in New York

Find out what your inheritance rights are in New York
Contact the Law Office of Bonnie Lawston, P.C., for a free confidential review of your estate matter. We offer reasonable and flexible fee arrangements and personal representation.

the Law Office of Bonnie Lawston, P.C.

Office Address:1841 New York Avenue, Huntington Station, New York 11746 (No Mail to this Location)

Mailing Address: P.O. BOX 317, RIDGE, NEW YORK, 11961 (Send All mail and correspondence)

Office (631) 425-7299 Fax 1-866-431-0101

LiestateAttorney.com

Do you think you should have the right to inherit in NY Inheritance Rights in New York Law Office of Bonnie Lawston P.C.

What Is a Kinship Proceeding?

What Is a Kinship Proceeding?

Understanding your role as kin and your rights to inherit.

To understand what a kinship proceeding is, let’s first start by explaining “kinship.” Immediate family includes parents, children, siblings, grandparents, grandchildren, nieces or nephews. However, there are often other blood relatives who also have kinship relationships. They are distant relatives, such as first or second cousins and great aunts or great uncles.

In most cases, when an individual dies, immediate family are the heirs or beneficiaries of the estate. However, sometimes no immediate family members are surviving. When the closest living relative is a cousin or distant relative, the inheritance may require a kinship proceeding.

A Kinship Proceeding

A kinship proceeding results in a kinship hearing. The hearing is less informal but similar to a trial. However, the person claiming to be kin must prove their kinship to the court. In other words, they bear the burden of proof. The hearing provides an opportunity to present evidence.

There are various ways to do this, but many people use a professional genealogist. The genealogist investigates and gathers research. They often find birth certificates, death certificates, DNA and devise a family tree. They also testify in court as expert witnesses and present the evidence.

In addition, what other situations typically require kinship proceedings?

Dying intestate (dying without a will) or with a will the court rules invalid. The court may order a kinship hearing to see who qualifies for inheritance based on New York’s intestacy laws.
A will exists, but does not name the beneficiaries. An example is that some wills state property should pass to “cousins,” but fail to name who the cousins are. To determine the cousins who are the rightful heirs, the court may hold a kinship hearing.
A public administrator assigned to the estate is acting as the estate’s fiduciary. The claims and debts have been paid, but determining the rightful heirs remains inconclusive and the public administrator requests a kinship hearing.
The court has assigned a Guardian ad Litem to locate and represent potential heirs. The Guardian ad Litem must investigate and search for them. In addition, proof must be presented that they are in fact the heirs.

Do you think you should have the right to inherit from a deceased relative?

Contact the Law Office of Bonnie Lawston for a free confidential review of your estate matter. We offer reasonable and flexible fee arrangements and personal representation.

Office Address:1841 New York Avenue, Huntington Station, New York 11746 (No Mail to this Location)

Mailing Address: P.O. BOX 317, RIDGE, NEW YORK, 11961 (Send All mail and correspondence)

Office (631) 425-7299 Fax 1-866-431-0101

Do you think you should have the right to inherit from a deceased relative? Estate Administration Kinship Kinahip Proceeding The court may order a kinship hearing to see who qualifies for inheritance based on New York's intestacy laws.

In New York, Felons Can Now Be Fiduciaries

Bonnie Lawston New York Probate Estate Administration Attorney

Changes to New York Surrogate’s Court Procedure Act. Section 707

Criminal conviction, no problem | Assets all tied up in the estate, no problem

A felony conviction no longer disqualifies one from serving as a fiduciary in an estate in New York State now. It is subject to the Judge’s discretion, and he may appoint someone who is a convicted felon.

Your attorney should show the court why you are fit to serve and explain the circumstances of the underlying charges that led to your conviction. Our office can assist you as we have the knowledge on what is necessary to obtain that approval.

SCPA 707 no longer disqualifies felons from serving as fiduciaries.

New York State legislators changed the Surrogate’s Court Procedure Act section 707 which longer disqualifies an individual from serving as a fiduciary of an estate or trust matter if s/he has a felony conviction. Effective as of October 22, 2021, a felon can now receive fiduciary letters from the Surrogate’s Court that appoint the felon as an executor, guardian, or trustee in a decedent’s estate.

However, the Court still has discretion to deny the appointment and issuance of letters when there may be a risk or not in the best interests of the estate. SCPA 707(2)(b) now allows the court to declare a felon ineligible to be a fiduciary where the “crime may be adverse to the welfare of the estate, including but not limited to, crimes such as embezzlement or any crime where there was a misappropriation of money or a breach of fiduciary duty.”

Presenting one’s case is key under certain circumstances when applying for such an appointment and one has a felony conviction. An experienced estate and probate attorney can best present this case.

Office Address:1841 New York Avenue, Huntington Station, New York 11746 (No Mail to this Location)

Mailing Address: P.O. BOX 317, RIDGE, NEW YORK, 11961 (Send All mail and correspondence)

Office (631) 425-7299 Fax 1-866-431-0101

Email: bonnielaws tonesq@gmail.com

WWW.LIestateATTORNEY.COM

Change to New York Surrogate’s Court Procedure Act. Section 707 Felons Can Now Be Fiduciaries New York changed Surrogate’s Court Procedure Act.Section 707

Who Has the Right to Inherit When a Family Member Dies?

Intestacy (No Will) and Property Distribution

New York laws establish the right to inherit for those who are kin to a deceased family member. A will typically names the beneficiaries. However, even with a will, sometimes the law overrides the provisions in a will. In addition, if the family member died without a will (intestate), New York intestacy laws apply and determine inheritance rights.

New York Laws that Determine the Heirs for Intestacy

Several New York laws determine inheritance rights. One such law is the Surrogate’s Court Procedure Act (SCPA) Section 1001 . In New York, the Surrogate Court is name of the court that handles all matters regarding the affairs of deceased individuals. This particular law conveys the order in which the decedent’s kin may inherit from the estate.

Based on the Surrogate’s Procedure Act, kin take priority for inheritance as follows:

Surviving spouse
Children
Father or mother
Brothers or sisters
Other heirs, such as grandparents, aunts or uncles

Another New York law that establishes inheritance rights is the Estates Powers and Trust Law. This law explains how the estate must distribute property when the deceased individual resided in New York and a will did not cover the decedent’s property. Furthermore, if a will does not address all the assets of an estate, the court will determine who has the right to inherit those assets.

The spouse’s right to inherit can be the first $50,000.00 plus 50% of the estate, if the decedent had children. The order of inheritance outlined by the Estate Powers and Trust Law is the same order that appears in the Surrogate’s Procedure Act. In addition, the Estate Powers and Trust Law goes into greater detail listing heirs who are great grandchildren of grandparents, half blood relatives, and children conceived prior to the decedent’s death but who were born after their death.

Do you have a question about your right to inherit or a related issue?

Call The Law Office of Bonnie Lawston for a free confidential review of your estate or guardianship matter. We offer reasonable and flexible fee arrangements and personal representation.

Office Address:1841 New York Avenue, Huntington Station, New York 11746 (No Mail to this Location)

Mailing Address: P.O. BOX 317, RIDGE, NEW YORK, 11961 (Send All mail and correspondence)

Office (631) 425-7299 Fax 1-866-431-0101

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Do you have a question about your right to inherit or a related issue? New York Laws that Determine the Heirs for Intestacy Who Has the Right to Inherit When a Family Member Dies?

The Importance of Using an Attorney Who Is Familiar with Ancillary Proceedings

When the deceased owned property in another state

Increasingly, more people require ancillary proceedings to deal with an estate. This is due to the fact that in today’s world, it is common for people to own real estate property in states other than where they live. When a loved one has died and lived in one state but also owned real estate property in another state, legal questions often arise. How does the real estate property go through the probate process? Which state has jurisdiction over the probate process for the property, the person’s state of residence or the state where the real estate property is located?

The answers to such questions fall under the legal term “ancillary proceeding.” An ancillary proceeding is the legal process that distributes real estate property when the location of the deceased person’s property and the primary residence of the deceased individual were not within the same state.

Probate and Intestacy (Dying without a Will)

A probate estate refers to the estate of a decedent who had a will. Intestacy refers to the estate of a decedent who died without a will. Both types of estates require primary estate proceedings to be filed in New York.

“Executor” is the title of a fiduciary who handles probate matters when a will exists. “Estate administrator” is the title of a fiduciary who acts on behalf of an estate where there was no will.

Executors and estate administrators can collect all of the decedent’s personal property, such as bank accounts and similar assets, even when accounts exist in other states than the decedent’s state of primary residence. Other states recognize the fiduciary’s authority based on their appointment by courts in the State of New York. After executors and estate administrators personal assets, they can also close accounts.

However, managing the real estate property of an estate requires an ancillary appointment.

Applying for an Ancillary Appointment

The fiduciary must apply for an ancillary appointment from the state of the real estate property’s location. When the estate has a will, the fiduciary applies for ancillary testamentary letters. When the estate has no will (intestacy), the fiduciary applies for ancillary letters of administration.

A skilled attorney, experienced in handling all the necessary documentation for ancillary proceedings can help matters go smoothly.

Once the court approves an ancillary appointment, the executor or administrator can work with the attorney to handle a real estate transfer and the sale and distribution of proceeds to heirs or beneficiaries.

Our law firm assists executors and administrators with all aspects of ancillary proceedings, including real estate sales.

Rely on our experience with ancillary proceedings

The Law Office of Bonnie Lawston, P.C. has decades of experience assisting clients with ancillary proceedings in New York and Florida. Call us at (631) 425-7299 or contact us online to schedule an appointment.

Office Address:1841 New York Avenue, Huntington Station, New York 11746 (No Mail to this Location)

Mailing Address: P.O. BOX 317, RIDGE, NEW YORK, 11961 (Send All mail and correspondence)

Office (631) 425-7299 Fax 1-866-431-0101

Applying for an Ancillary Appointment Estate Probate Attorney Ancillary Proceedings Probate and Intestacy (Dying without a Will) The Importance of Using an Attorney Who Is Familiar with Ancillary Proceedings

New York State Probate, Administration and Kinship Matters

Wooden house and figures of a family. Real estate insurance concept, happy family

The Rights of Parties regarding New York State Probate, Administration (Intestacy) and Kinship Matters

Protecting Your Rights in an Estate When You Live Elsewhere

We live in a mobile society, where our children can and often do grow up and move to another state or even another country. Because of that increased mobility, it’s a fairly common occurrence that beneficiaries and fiduciaries of a New York Estate (will) or Administration (no will) or Kinship will reside outside of the Empire State. It’s also not uncommon for the person named as executor/administrator or for a beneficiary of the New York estate to live in another state or another country.

At the Law Office of Bonnie Lawston, P.C., we have extensive experience working with non-residents of New York who have an interest in or are involved in any way with a New York estate, probate, administration (intestacy – no will) or kinship proceeding. To learn how we can help you take the right steps to successfully address all necessary legal matters, maximize your estate and inheritance, and settle a New York estate, call us at (631) 425-7299 to set up a free initial consultation.

Can a Non-Resident of New York Serve as Executor or Administrator of a New York Estate?

New York law does not prevent a US Citizen who resides in another state or even in another country from assuming the duties of a personal representative or executor of a New York probate or administration proceeding. Under §707 of the Surrogate’s Court Procedure Act (SCPA), any person who is not a “non-domiciliary alien” qualifies to act as a fiduciary in the probate of an estate. In essence, that means that an American citizen living anywhere on the planet is eligible to be executor of a New York estate. That provision is applicable whether the deceased dies with a valid and enforceable will or dies intestate. Under certain circumstances and with other safeguards in place, one who is not a citizen can serve as well.

What Are the Issues that Affect Out-of-State Parties in Estate Proceedings?

When a New York resident dies with potential estate beneficiaries living in other states or countries, a number of critical issues can arise:

It can be difficult to determine who all the potential beneficiaries are and where they can be found. This is generally resolved by preparing a Due Diligence Affidavit, a report that includes all the documents and searches conducted to show the family relations. Objections and other formal pleadings must be filed in a timely manner meeting all deadlines and the party seeking to establish kinship must document exactly how they are related to the deceased. In particular, where the next-of-kin are cousins of the deceased, legal documents and testimony must be filed for them to establish their family tree to claim a share of the estate.
There may be disputes regarding distribution of assets under the will—Though will contests are not the norm, they do happen and can be complex and time-consuming. If you are involved in any type of will contest, it’s essential that you have an experienced New York probate attorney. The SCPA grants any aggrieved party in a will contest or other probate dispute the right to examine all documents related to the drafting and execution of a Last Will and Testament, including the right to take oral testimony from the lawyer who prepared the will, as well as any witnesses. This right may be exercised even though no formal objections to the will have been filed.
The challenges locating heirs and distributes can make it difficult to provide the required notices and to obtain jurisdiction of all necessary parties.
There can be challenges with the submission of claims or documentation to support claims, or with other court requirements.
Dealing with objections to probate or administration can be more complex.
There can be difficulties locating, marshaling and protecting all assets of the estate, as well as relevant documents, such as a will, bank account statement or insurance policy.
It may be more difficult to pay estate obligations while the court proceedings are pending
There may be partial distribution issues.
There may be claims against or liability of the estate, including insurance issues.
It can be more difficult to comply with court deadlines. Missing deadlines can bar recovery in some instances.

Contact the Law Office of Bonnie Lawston, P.C.

At the Law Office of Bonnie Lawston, P.C., we focus our practice exclusively on probate estates(matters with a will), administration estates (intestacy or no will matters), ancillary estate and administration and kinship matters, with a majority of cases in Nassau County and Suffolk County on Long Island. We have represented many out-of-state parties in primary and ancillary probate and administration proceedings, as well as kinship matters protecting the rights of heirs to maximize their inheritance. Contact us at (631) 425-7299 to set up a free initial consultation.

New York Probate New York State Administration and Kinship Matters New York State Probate Protecting Your Rights in an Estate When You Live Elsewhere

NY Probate Estate Administration Attorney talks about Inheritance Rights

Are you unclear about what you are entitled to as an estate beneficiary?

Your closest relatives may have a right to claim part of your estate

Some very close relatives — a surviving spouse and sometimes children or grandchildren — have the right to claim an inheritance, and in some cases this can override what it says in your will. Here’s how it works:

Inheritance Rights

Inheritance rights determine who has the legal right to claim your property after you die either through a Will or through intestacy, when a person dies without a Will. Read More

Rights of Beneficiaries

The right to receive the assets that were left to the beneficiary either through a Will or through intestacy, no will, based on their family relationship. Read More

Rights of Heirs at Law

In the absence of a formal Estate Plan, legally, heirs are considered next of kin which is defined by the applicable statute. This means that if an estate owner dies intestate (without a Will or Trust), his or her heirs would be entitled to a share of the estate in the estate. Read More

Rights of Children

In general, children have a right to contest a Will and inherit a share of the Estate when there is no Will and sometimes under the Will. If there is no spouse and the child of the decedent dies before the decedent, the grandchildren step into the place of the child and will inherit that child’s share, if there is no Will. If there is a Will, the terms of the Will, controls the inheritance under most circumstances. Read More

Rights of Surviving Spouse

A surviving spouse at the time of a decedent’s death has a statutory right to inherit an “elective share” of the deceased spouse’s assets. A surviving spouse may elect against the deceased spouse’s estate in an amount up to $50,000 or one-third of the net estate, whichever is greater. Read More

Kinship Proceedings

In a Kinship Proceeding, the New York Surrogate’s Court seeks to determine who is entitled to inherit from the estate of a deceased person who did not have a Will. Those who claim to be related or entitled to a share should retain counsel to file the necessary pleadings and documents that establish the claim for the trial. The Surrogate’s Court is the court in New York State which handles most matters regarding death. Read More

We represent clients nationwide, if you are a fiduciary (executor, administrator, or trustee) an heir or beneficiary of a New York estate. If the decedent died in New York or has assets in New York State, we can help you. If you are chosen to represent the estate or if you are receiving an inheritance from a New York estate, contact our law firm today.

NY Probate Estate Administration Attorney NY Probate Estate Administration Attorney talks about Inheritance Rights Your closest relatives may have a right to claim part of your estate

New York Estate & Probate Attorney Law Office of Bonnie Lawston

We can help you serve the estate and maximize your inheritance taking advantage of our expertise, avoiding pitfalls that estates fall into and taking advantage of all the tax laws and the applications of the tax laws to maximize the estate.

Our firm has been dedicated to protecting your rights and interests as our clients, servicing Long Island for over 28 years. Our firm focuses on probate and estate administration, estate litigation and all trust matters. All types of estate matters are handled and resolved including will contests, spousal rights protected, accounting matters including contested judicial accountings, fraudulent actions by fiduciaries, lost will proceedings, intestacy proceedings and kinship matters.

In assisting clients, we have developed and able to offer deferred retainers to help those who do not have the financial means or liquid funds to retain an attorney right away. The best thing that you can do to protect your interests is to hire an attorney right away. Many of our clients cannot afford to do that so we have developed plans to help solve that problem.

Our clients reside all over the United States while serving as a fiduciary for a New York Estate matter or are a beneficiary of a New York Estate matter. Ancillary matters handled as well as those estates that have contacts with Florida as our attorney is admitted to practice law in New York, Connecticut and Florida.

Estae & Probate Attorney have you lost a loved one? Law Office of Bonnie Lawston New York Estate & Probate Attorney