Out of State Clients Probate
Out of State Clients-Help with NY Probate and NY Estate Administration matters
Executors, Administrators, Trustees,
Beneficiaries and Heirs
It is happening more and more often in our increasingly mobile society. You grew up on Long Island and your loved ones still live there, but you have long since moved away from the State of New York. But then your parent passes away, either naming you as executor of his or her estate, or leaving you an inheritance that must be settled in Nassau or Suffolk County. The good news is that the laws of the State of New York allows non-resident fiduciaries also known as executors, administrators or trustees of Estates to be appointed and serve the Estate.
Whether you are an out-of-state executor or an out-of-state beneficiary of a New York estate, we can help you through the process.
At the Law Office of Bonnie Lawston, we bring more than 20 + years of experience to fiduciaries and beneficiaries of estates in Nassau County and Suffolk County on Long Island. In most instances, we can settle your estate without you ever having to travel to New York. We have a comprehensive understanding of the estate administration process, and can simplify matters so that you get the outcome you need with minimal stress and anxiety. Our office and staff are equipment and experienced to work with you from your home providing you guidance and outstanding legal service at a reasonable and affordable cost. We will maximize your inheritance while protecting your interests.
Our office offers what most law firms do not, personal attention as well as deferred retainers. If you do not have the liquid funds to pay a retainer, no worries, upon review and qualification, most clients qualify for the deferred retainer where there are no legal fees paid up front but upon collection of the assets from the Estate.
A large majority of our clients live in Florida, South Carolina and other parts of the United States. With modern travel and the internet, families have moved all over the country. Upon retaining our office, work is commenced within one business day. Appointments are obtained within days in some cases. Our attorney and staff will assist you with the sale of real property and all the closing papers necessary to complete the process while guiding you through each step, keeping you fully informed.
Our Services for Out of State Clients who are Executors, Administrators, Trustees, Beneficiaries and Heirs of New York Estate and Trust matters.
We focus our estate practice exclusively on Estates that are probated in Nassau County or Suffolk County on Long Island. We devote a large percentage of our practice to clients that live outside of New York but have an inheritance in a New York Estate matter or serve as a fiduciary of a New York Estate. We also handle a large percentage of ancillary proceedings. Ancillary proceedings are estate proceedings that are necessary when the decedent resided outside of New York but owned assets in New York. We will work with you and your primary attorney on those matters for expedited resolution.
We will assist you with all matters related to the administration of an estate, including:
- Your appointment as executor, administrator, trustee or in any other fiduciary capacity
- The preparation and filing of all forms and documents to initiate and complete the settlement of the estate
- The preparation of an accounting of the debts and assets of the estate
- The collection and marshaling of all assets of the estate
- The notification of all interested parties, including beneficiaries and creditors
- The valuation and sale of all property, including real estate
- Securing the residence and any other real property, and assisting in the preparation of the sale of any real property
- Preparing all contracts for the sale of real property
- Overseeing completion of the sale of property
- The payment of final debts and taxes
- The orderly distribution of property in accordance with estate planning documents, including the transfer of assets either in kind or by way of liquidation
- The administration of an intestate estate in Nassau or Suffolk County, if your loved one died without a will or trust in place
Generally, children have no right to inherit anything from their parents. In certain limited circumstances, however, children may be entitled to claim a share of a deceased parent’s property.
An example of some of the different types of situations is if a child is born after the parent made a will that leaves property to siblings, and the parent never revises the will to include that child. The law presumes that the parent didn’t intend to freeze out the newest child, but just didn’t get around to revising the will. In that situation, the overlooked child may have a right to a significant part of the parent’s assets. In some states, these laws apply not only to children, but also to any grandchildren of a child who has died.
Our many years of representing clients who are executors, administrators and beneficiaries of New York estates has enabled us to become experienced in all sides of estate administration, including litigation of all of the different stages of a matter. Regardless of the size of an estate, there are stages that all estates must go through. We know the pitfalls that many clients face during probate and can advise you about how to proceed properly, and how to avoid any unnecessary litigation or complications in the future. Our skilled team is also understanding real estate matters and dealing with businesses that may or may not be related to the estate, but that may affect it.
We represent beneficiaries, handling all types of estate litigation, such as:
- Will contests
- Allegations of breach of fiduciary duty
- Challenges to valuations or accountings
- Fraudulent transfers