What Is Your Experience In Handling Probate Matters In New York?
The Law Office of Michael Camporeale has been successfully probating and completing estates in NY for well over a decade.
Generally, when an individual passes on and they have assets in their name and if there is a will, an individual must have their estate go through the NY probate process in order to have the assets passed on to the beneficiaries under the terms of the will.
If an individual does not have a will and they have assets in their individual name, the process is called an administration proceeding, which is similar to a probate, but it is a bit different, because there is no will.
As a NY probate lawyer I generally bring either type of estate proceedings in any county in NY, but it is generally brought in the surrogate court in the county where the individual passed away. Therefore, I could bring probate proceedings or administration proceedings in any of the counties of NY State, including but not limited to Bronx County, Queens County, Kings County, Richmond County, New York County, Nassau County, Suffolk County and Westchester County. I am a well versed NY probate and estate lawyer and have handled a vast amount of estates and surrogate court matters across the NYC metropolitan area. You can contact our estate planning attorney Naussa County NY to get the best advice. We have one of the best estate planning lawyer in Nassau County NY area.
Who Do You Generally Represent In NY Probate Cases?
Generally, as a NY probate attorney I would be representing the estate if I am representing the person probating the estate or bringing forward the administration proceeding. The NY probate lawyer generally would be representing the estate and the petitioner as this is the person that starts the proceeding and the proceedings are brought on a petition where the individual would be seeking the fiduciary authority to act on behalf of the estate which basically means if they are going for a probate proceeding, they would be seeking what is known as letters testamentary. If they filed an administration proceeding where there was no will, they would be seeking what are known as letters of administration. Both are Court Orders that allows the petitioner the authority over the estate.
However, if one family member takes issue with the estate, as a NY probate and estate lawyer I could be representing that individual family member and not the estate if that family member wishes to contest and object to the will and the validity of the will and or the interpretation and construction of the will and have the will thrown out.
Also if a family member wants to object to the proposed executor or administrator of the estate or their accounting of the assets of the estate or any other issue that may arise during an estate proceeding. The Law Offices of Michael Camporeale can represent your individual interest and file objections in an estate proceeding if litigation is necessary. We have experienced estate planning attorneys who have several years of experience under their belt. Our estate planning lawyers and probate attorneys understand probate, estate administration, estate litigation, Medicaid applications, wills and trusts, living trusts, special needs planning, elder abuse, elder law or nursing home accidents as well as Medicaid planning. From planning your estate plan, to arranging for Medicaid, and getting you in a nursing home for elder care, we can do it all. If you are seeking help of a guardianship attorney Nassau County NY then give us a call at (718) 475-9639 to discuss your case with our estate planning lawyers and elder law attorneys. We offer Free Consultation to new clients to help take off their burden. Contact our experienced guardianship lawyer Nassau County NY and wills lawyer Nassau County NY.
Get your questions answered - call me for your free phone consultation (718) 475-9639
Whether a petitioner is seeking letters of administration or letters testamentary, they are basically court orders that puts a fiduciary or the petitioner, the person that is responsible for the NY estate, in charge of the estate, to be able to marshal the assets. This means, basically, get the assets that belong to the deceased individual and have them put into an estate account and then ultimately make sure they are passed on to the beneficiaries of the estate, which if there is a will, the beneficiaries would be the people listed in the will. If there was no will or an invalid will and it was an administration proceeding, those people would be the statutory heirs at law in NY that stand to inherit through the bloodline of the decedent.
The Role Of A NY Probate Lawyer In The NY Probate Process
The role of a probate and estate lawyer in NY is very unique, as the affairs of the dead are brought before a special court known as the surrogate court which only hears cases involving the affairs of the dead unlike any other court in NY. The procedures and terminology in the Surrogate Court is not the same as that of other courts in NY. That is why the experience and knowhow from the NY probate lawyers from The Law Offices of Michael Camporeale is important, because we know how to get the job done and get it done right.
When a petitioner wishes to become appointed the administrator or the executor of the estate, it is a formal legal proceeding in NY which has to be brought before the surrogate court in the county where the individual resided at their death and as the NY probate attorney, I bring the formal legal proceeding before the surrogate court and process the petition and all the necessary paperwork in order to have that person appointed the administrator or executor of the estate. I am also responsible for making all of the necessary court appearances, I am responsible for obtaining jurisdiction over all of the proper parties that are entitled to service and notice of the formal legal proceedings, which allows them to come to court and contest and or object to the proceedings if they wish.
Ultimately, as the NY estate lawyer, I am there to make sure that the assets are properly marshaled, that they are properly accounted for and then ultimately distributed to the beneficiaries of the estate including the preparation of deeds of conveyance if real property is included in the estate or contracts for the sale of property from the estate. As the estate lawyer I would also prepare and draft releases and make sure they are properly executed. If necessary I would bring formal accountings proceedings before the surrogate court in order to properly conclude the estate. Probate is a complicated and unique process that is very different than any other court proceedings that occurs in most other Courts. It is a process that is very labor intensive and time consuming that is why experience and know how is important. If a NY estate is actually contested and there is estate litigation involved, obviously, the whole process is even more time consuming and labor intensive and could go on for years, depending on how involved the litigation is.
The Standard Timeline For A Probate Case In New York
Unfortunately, there really is no standard time frame. But what I can tell you is that by having the well versed and experienced NY probate attorneys from the Law Offices of Michael Camporeale handling your case will make a big difference. We know how to work within the system and within the process so we can move the process along more quickly. Probate is not easy and is not instantaneous, it does not happen overnight, so it could go on for months or it could go on for years. There is no standard time frame, but it is a process and you have to go through, so experience and know how matter, The Law Offices of Michael Camporeale has been concluding estates for well over a decade and that makes a difference. Our NY estate planning lawyers know exactly what is best for you.
For more information on Probate Proceeding In New York, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (718) 475-9639 today.
Get your questions answered - call me for your free phone consultation (718) 475-9639
