Probate


Probate Lawyers in Manhasset NY, Helping Our Clients Throughout the Estate Administration Process

An old saying states, “You can’t take it with you.” This is a simple truth that applies to everything we own in life. When someone passes on, they leave behind assets that must be analyzed and transferred. This is an important estate administration process, but it’s also complex in many cases. Fortunately, a probate lawyer in Manhasset, NY can help.

At Marchese & Maynard, LLP , our team of legal professionals has served the citizens of New York for years. We know how complicated the probate process can become — regardless of whether there’s a will in place. If you need help with administrating a loved one’s estate following their passing, reach out to our law firm today to schedule a free consultation.

How Does Probate in Manhasset, NY Work?

Probate is the administrative process of analyzing a deceased person’s estate and distributing it appropriately. In New York probate cases, there is no specific deadline dictating when this process must begin. However, it’s important to realize that this can take months even in a best-case scenario. As such, speaking with a probate lawyer in Manhasset, NY as soon as possible can simplify these proceedings so everything can settle quickly.

The process will typically start out with the submission of the decedent’s will to the probate court — also known as the Surrogate’s Court in New York. The will must be submitted along with several other legal documents, and the court then decides whether the documents are valid. If so, the executor named in the will begins the process of identifying assets, paying debts, distributing inheritances, and other important tasks.

Do All Assets Have to Go Through Probate?

A Manhasset, NY probate lawyer can simplify the necessary tasks of the Surrogate’s Court. However, the best thing someone could do to safeguard their assets is to speak with an estate planning lawyer prior to passing on. If your loved one had done so, it’s possible their attorney helped them shield certain assets from the probate process. There are many ways to do this, and the following properties may be able to bypass probate and go directly to a beneficiary:

  • Jointly owned properties (e.g., businesses, real estate)
  • Bank accounts with a named beneficiary
  • Assets kept in irrevocable trusts and living trusts
  • "Pay on death" accounts with named beneficiaries
  • Properties that were given away (i.e., gifted) prior to death

A probate attorney in Manhasset, NY can help you identify whether your loved one had any assets that can bypass the Surrogate’s Court. While you may be able to track down these properties and monies on your own, simple mistakes can prove incredibly costly in this process. This is why you should contact our law firm today to schedule a free consultation and learn more about your unique situation.

What if Your Loved One Died Without a Will?

Unfortunately, not everyone dies with a will. Even more disheartening, some individuals pass on thinking they had a valid will — only for the courts to decide that it’s actually invalid. Regardless of the underlying circumstances, a person’s estate will often still have to go through probate even if there’s no will in place. Rather than a named executor handling estate administration, though, the court will appoint an administrator to handle the process.

The administrator is typically the closest living relative, but surviving family members may also select an administrator. An experienced probate lawyer in Manhasset, NY is often a good choice in this situation. Regardless of who is appointed, it becomes the administrator’s responsibility to handle all tasks traditionally undertaken by an executor. Without a will, this can be even more complicated than usual, so don’t hesitate to contact our law firm for help.

Contact a Probate Lawyer in Manhasset, NY Today

Losing a friend or relative is never an easy experience. Unfortunately, this difficulty is often followed by the necessity of administering their estate through the probate process. If you’re unsure of how this works — or just unprepared to deal with the legalities — having a Manhasset estate administration attorney on your side can prove invaluable.

At Marchese & Maynard, LLP, we’re here to help in every way possible. We can assist with everything from filing your loved one’s will — or starting the Administration process when no will was in place — to investigating debts and distributing assets. Contact us today by calling 516-869-1111 to schedule a free consultation. Our probate lawyers in Manhasset, NY are ready to help in this difficult time.

Marchese & Maynard LLP
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