When someone dies in New York without a will, 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. However, the first step in this process should be retaining the services of an Estate Planning Attorney. They will be able to guide you along the path of probate and assist in any other matters that may arise after the passing of a loved one. Contact McCallion and Associates LLP to set up a free initial consultation to gauge your situation's needs. An Estate Planning Attorney in New York, New York, will be experienced in the entirety of the process and can help you rest assured that everything will be in place during your family's time of need.
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. These different documents all carry with them various benefits and drawbacks based on laws and regulations in New York, New York. An Estate Planning Attorney will help you parse all of the often confusing and complicated documents and ensure a streamlined process in carrying out their contents. Planning for Powers of Attorney documents can also be incredibly important in the tragic case of incapacitation. If you are no longer of sound enough mind to make decisions, it will make the handling of your estate a much more complicated matter if you don't already have documents completed. Preparing for any situation can save you and your family stress and resources in the future. If you are unsure where to start, contact an Estate Planning Attorney as soon as possible and clear up any confusion that may still linger.
The most common types of trusts are revocable, irrevocable, marital, charitable, and special needs trusts. An experienced Estate Law Attorney can advise you on whether you should have a trust and, if so, what kind. Contact an Estate Planning Lawyer at McCallion and Associates LLP to ensure you have the full understanding of the pros and cons of each type of trust or which one best fits your unique situation. The minutia of these documents can often be challenging to understand. However, an experienced Estate Planning Attorney will be able to simplify the process and relieve at least a small part of stress during a difficult time for you and your family.
Getting in contact with an Estate Planning Attorney before the need arises can be the key to a smooth transition and save your family a lot of stress and hardship in the event of a tragedy. It is never too early to start planning for the future, even if, in this case, the future events may be hard to face. Peace of mind is invaluable and preparing for you and your family is one way to ensure it. The Estate Planning Attorney in New York, New York, will be able to help your family understand the process after passing as well. Since they helped create the documents and are familiar with your wishes, it will significantly speed the process along.
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 decedent's wishes as set forth in the will and file a report with the court. An experienced attorney can guide you through this entire process and help to settle any other matters that may appear during it. Probate can sometimes be a long and drawn-out process full of complicated twists and turns. Ensure you have the services of a specialized Estate Planning Attorney at your disposal in order to carry out the process as smoothly as possible. If you retain an estate lawyer in New York, New York, they will be familiar with the process and will advise you on anything you need to avoid or common mistakes they have encountered in the past. With over 20 years of experience in estate law in New York, McCallion and Associates LLP are ready and waiting to assist you in the process of planning your estate.
There is no particular time frame required, but if the Executor does not move forward to settle the estate within a reasonable time frame, the court can step in and even remove an executor. Of course, this outcome should be avoided if possible. The process may seem daunting to begin, but an Estate Planning Attorney in New York, New York, can make it all seem much more manageable. If you are unsure how to start, contact McCallion and Associates LLP for a free initial consultation and allow the expertise gained over two decades of experience to guide you along the path that best fits your situation. The rules and regulations of dealing with an estate after a family member's passing are complicated, but Estate Planning Attorneys are here to guide you through.
Disputes and litigation can develop if a family member or someone else challenges the will based on procedural defects, the deceased was not mentally competent when he or she signed the will or was subject to undue influence or coercion. During a time of such stress and difficulty, it can be easy for family members to descend into arguments. One way to ensure this will not happen is to have all of the proper documentation in place before it could become an issue. Having a clear intention for how you want an estate handled in case of incapacitation or death is incredibly important in New York, New York, and can assure peace of mind during a time of chaos. By retaining an Estate Planning Attorney's services, you can rest assured knowing that all matters will be taken care of and your family will be in capable hands.
If a "will contest" is filed challenging the will, then you 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. Estate Law is incredibly complicated and can be challenging to navigate independently. Even if you are trying to save money, it is still strongly encouraged to contact an attorney because if mistakes are made, it can end up being a much more costly process than if you had retained their serves to begin with.
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.