Experienced Long Island Probate And Estate Administration Lawyers

During a time of grief, it is often hard to take the next step and deal with the finances of a deceased loved one. With staffed offices in Smithtown, Bay Shore, Melville and Garden City, Futterman Lanza, LLP, provides representation needed to effectively resolve probate and estate administration issues for families in Nassau County, Suffolk County and communities throughout New York.

Our Long Island probate lawyers understand how overwhelming the legal process can seem for families faced with probate and estate administration. It is our goal to make legal matters less cumbersome for our clients.

From the start, we help our clients by taking an inventory of assets to determine whether each asset has a beneficiary, is jointly held or is under the name of the deceased. When no joint ownership exists, a last will and testament can identify an executor to take charge of the estate. The distribution of assets and beneficiaries is also listed in a will. When no will exists, New York law determines how assets are distributed.

Understanding Probate And Estate Administration

Probate and estate administration involve distinct yet related legal processes. Probate verifies and validates a will’s authenticity, while estate administration addresses the broader asset management and distribution. Differences include:

• Probate focuses on will validation and court oversight.
• Estate administration covers asset management and distribution.
• Timing requirements vary between the processes.
• Tax implications may differ significantly.

Understanding these processes helps families anticipate their responsibilities and plan accordingly. Early recognition of the distinct requirements of probate and estate administration can help families streamline the process while honoring their loved one’s wishes.

Steps In The Probate Process

The probate process follows a structured timeline with specific requirements at each phase. These steps include:

• Filing the initial petition with the Surrogate’s Court
• Notifying all potential heirs and beneficiaries
• Creating a comprehensive asset inventory
• Determining asset values through appraisals
• Paying valid creditor claims
• Filing necessary tax returns
• Distributing remaining assets to beneficiaries

Following these steps methodically helps protect estate value and fulfills the executor’s responsibilities. A structured approach reduces delays, minimizes court intervention and provides clear documentation for all interested parties throughout the probate process.

Common Challenges In Probate

Probate proceedings often face various obstacles that can delay asset distribution. Frequent challenges include:

• Will contests questioning document validity
• Disputes over executor appointments
• Disagreements about asset valuation
• Claims from unknown creditors
• Missing or hard-to-locate heirs
• Complex business asset transfers
• Real estate title complications

Addressing these challenges requires careful documentation, clear communication with all parties and thorough knowledge of New York probate law. The right legal support can help resolve disputes efficiently while preserving family harmony and protecting the estate’s assets for intended beneficiaries.

Avoiding Probate: Alternatives And Strategies

Several methods can help minimize or entirely avoid probate proceedings. Effective strategies include:

• Creating revocable living trusts
• Using joint ownership with rights of survivorship
• Setting up transfer-on-death accounts
• Designating beneficiaries on retirement accounts
• Gifting assets during a lifetime
• Establishing limited liability companies
• Using family limited partnerships

A combination of these methods, properly structured and maintained, provides the most effective approach to probate avoidance while maintaining control of assets during your lifetime.

Estate Administration Guidance

A petition is prepared and submitted to the county court of the deceased to begin acting on behalf of the estate. Estate administration can involve the payment of debt, estate taxes and income taxes, as well as the liquidation of bank accounts, stocks, bonds and mutual funds, and the sale of real estate and personal property. Executors and administrators must properly address every step to avoid any personal liability.

Our Long Island estate administration attorneys are skilled legal advocates for clients faced with probate and estate administration and other elder law issues. We ensure a proper approach is used to complete every detail involved with probate and estate administration.

Probate Administration

Basically, probate is a legal process that takes place after someone dies in order to legally transfer the title of assets to the beneficiaries designated in a will. The laws of intestacy also govern the process for the distribution of property where there has been no will. The law provides for the determination of who qualifies as an heir to the deceased and what portion of the assets his or her position in the family entitles them to receive. During the probate process, an executor (or administrator, if there was no will) will go through many routine tasks, such as

• Identifying and inventorying estate property
• Paying estate debts and taxes
• Distributing property as directed by a will or state law

Though probate may seem simple, in real life, the process usually is not. Often, several different persons are interested in the probate estate, including creditors, family members, beneficiaries, a surviving spouse and the personal representative for the estate. Each has a different interest in the probate administration that is protected by New York law. In addition to the expected responsibilities, there may be other legal problems, such as relatives contesting their share of the estate, a challenge to the validity of a will or the size and types of debts included as obligations of the estate. Because of these competing interests, the steps undertaken to complete a probate administration can be lengthy, time-consuming and costly – if done improperly.

Call Or Send An Email To Arrange An Opportunity To Meet

Call our probate & estate administration attorneys at 631-894-4730 or use the email contact form to schedule an initial consultation with one of our skilled lawyers.