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Nassau County Estate Lawyer

Unfortunately at some point in our lives, we will have the difficult task of saying goodbye to a cherished loved one. While this will be a time when the emotions of family members will be unsettled at best, it’s also a time when clear heads need to prevail, since there will be numerous financial and other related details to sort out as well. Depending on the size of the deceased person’s estate, whether or not they left behind a will, the ability to locate heirs, debts that need to be paid, and other factors can all add up to a very complex and time-consuming process. Because of these many issues and the problems that can arise, it’s always best to utilize the services of skilled estate lawyers, such as Raiser & Kenniff, PC. By doing so, the process of settling an estate can be made much easier from start to finish.
The Responsibilities of Probate
Probate, which is the process settling the estate of the deceased individual by locating and notifying heirs, ensuring assets of the estate are properly distributed, and paying any debts owed to creditors, is a legal situation that should be done under the close supervision of an experienced estate lawyer. Depending on whether or not the deceased left behind a will, the probate process can be completed in a few weeks, or could take months or even years if there are people contesting the will.
Probate or Administration?
If a person leaves behind a will, the process of settling the estate is probate. However, if no will was completed prior to the person’s passing away, then the legal process becomes known as administration. When a will exists, the person named in the will to ensure the person’s final wishes are carried out as stated in the will, who is known as the executor, will work with an attorney to do just that. However, when no will exists, the lawyer will present the estate to the New York Surrogates Court for administration. When this happens, a personal representative is then appointed by the court to properly execute the estate, with this person usually being a relative of the deceased.
Petitioning the Court
Whether the estate lawyer files a petition for probate or administration, there are certain guidelines that must be followed. While all petitions are filed in New York Surrogates Court, it’s important to note that an estate’s probate is to be handled by a court that is most often situated in the county where the deceased lived upon their death. However, if that county did not have its own Probate Court, the case can be handled through a court located in a nearby county, so long as it is granted jurisdiction.
Rights of the Administrator
Once all petitions have been filed and the court has determined everything is in order, the Administrator will then be given certain rights by the New York Surrogates Court. For example, when it comes to distributing assets to heirs and paying off creditors, certain rules must be followed. As for distribution of assets, this can include such items as stocks and bonds, money, jewelry, vehicles, and other types of property. In addition to this, the estate lawyer handling the case will also tell the Administrator they have been authorized to distribute land and other properties which are located in New York. If there are properties located outside New York, the Surrogates Court will not be allowed to have jurisdiction over these transactions.
Rely on Your Attorney
Since these situations are so complex even under the most common circumstances, relying on the advice of your estate lawyer will make the tasks associated with probate or administration much easier. Because these legal situations often have hearings that can take place in multiple courts before all is said and done, having an attorney to work with who has handled similar cases over the years can be of tremendous benefit. Rather than choose to navigate this difficult path yourself, call on the experts at Raiser & Kenniff, PC. Possessing specialized knowledge of how these cases are handled in New York, they can offer expert advice that will serve you well as an estate is settled.