What Happens When Someone Dies Without Proper Estate Planning In Place In NY?

When someone dies in New York without a will, which is known as “dying intestate,” a family member should start a probate proceeding in Surrogate’s Court, seeking Letters Testamentary so that the decedent’s estate can be probated.

What Estate Planning Documents Should I Consider For My Estate Planning Needs?

In addition to signing a Last Will and Testament, you should consider forming one or more trusts to transfer some or all of your assets while you are still living. 

What Are Common Types Of Trusts Used? What Protections And Solutions Can They Provide During My Lifetime And After Death?

The most common types of trusts are: revocable, irrevocable, marital, charitable and special needs trusts. An experienced attorney can advise you on whether you should have a trust and if so, what kind. 

What Is Probate? When Is It Necessary In New York?

A will must be “probated,” which means it must be filed with the Surrogate’s Court. The Executor named in the will must then do whatever is legally necessary to carry out the wishes of the decedent as set forth in the will, and file a report with the court. An experienced attorney can guide you through this entire process.  

How Long Does An Executor Have To Settle An Estate In New York?

There is no particular time frame required, but if the executor does not move forward to settle the estate withing a reasonable time frame, the court can step in and even remove an executor. 

What Are Common Reasons Disputes Arise During The Probate Process?

Disputes and litigation can develop if a family member or someone else challenges the will on the basis of some procedural defects, that the decedent was not mentally competent when he or she signed the will, or was subject to undue influence or coercion. 

When Do I Need To Hire A Probate Litigation Attorney?

If a “will contest” is filed challenging the will, then you definitely need an experienced lawyer to represent you, or you may feel that there is a basis to challenge a will yourself. Even if there is no will contest, it is strongly recommended that you retain an experienced attorney to guide you through this process. 

For more information on Dying Without Estate Planning In New York, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (646) 366-0884 today.

Contact McCallion & Associates LLP for a free initial consultation.

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