Estate Lawyer & Probate Attorney
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NYC (Brooklyn, Queens, Long Island Attorney)
Probate Law: What You Need To Know
Probate is the legal system used for disbursing estates to the heirs at the time of death. The process of probate will happen if you have left a will or have not made any estate planning. Again, even if you have a will, you will still need to go through probate. So why is this bad?
Probate is held in probate court. It is a formal proceeding with many requirements. It is exceedingly difficult to go through the whole process without the help of a good probate attorney. Due to all the formal requirements, time needed, and inherent delays in the system, probate can last a long time and can get very expensive. Having to deal with the probate process for 2 to 3 years is normal and the court fees and lawyer fees are high. Lawyers are allowed to charge a percentage of the whole estate as their fee regardless of the work they put in.
Probate is also a public process which means that all the details of your estate is now in the public record. Details of your family business as well as your family’s personal finances are included.
All transactions that happen during the probate process needs to be approved within probate court. Sales of assets and real estate is included. Many realtors are familiar with the challenging prospect of selling homes during probate. Sales usually take several months and for much lower than their market value.
All key decisions are final. Probate Judges will determine who gets which assets as well as when they get it. Custody of children and what happens to all your assets will be decided by probate judges. It is also close to impossible to challenge a judge’s decision.
Challenging a will during probate is easy and leads to years of delay. Even if you leave behind detailed instructions, an heir can challenge it simply by filling up a short form in court or by stating their challenge. One of the duties of your probate attorney will be to oversee the whole process from A to Z and make sure you will not run into any major delays.
Many families lose their businesses due to the delays and other problems caused in probate such as difficulty accessing capital and competitors learning about their inner financial workings. One more thing worth mentioning is that when you have no estate plan at all, your estate is exposed to death taxes.
The downsides of probate cannot be ignored. On the upside though is that you can avoid probate by distributing your estate through a revocable living trust. There will be no need to go to probate court, no need for judges, or lawyers and your estate will be distributed within weeks rather than years. The distribution will be managed privately and be difficult to challenge. You can protect yourself from excessive taxing and allow for quick sale or your assets. Probate is a type of Elder law and is no laughing matter and require help so that everything can be done efficiently.
People have a tendency to procrastinate when it comes to getting help planning an estate. Everybody thinks they will have time to do this later until it becomes too late. You just have to remember that anything can happen and that you have nothing to lose and everything to gain by taking care of this now.
NYC Attorney At Law: Offices
If you need an estate Lawyer or need medicaid planning services from a qualified elder law attorney then you have came to the right place. Call or visit the Law Offices Of Roman Aminov today.
We have 2 NYC offices for your convenience.
Queens Office: Law Offices of Roman Aminov 147-17 Union Turnpike Flushing, NY 11367 (347)766-2685
Brooklyn Office: Law Offices of Roman Aminov 1600 Avenue M Brooklyn, NY 11230 (347)766-2682
We have recently been featured on the Brooklyn Brownstoner, visit our Brownstoner Elder Lawyer page today.
Nothing is more important than preparing yourself and your estate during the golden years of your life. Making sure you have the long-term healthcare that you will need is absolutely vital. If you cannot obtain private insurance you will need a medicaid planning lawyers help. Only an experience elder lawyer can guide you through this maze. You must make sure to ask your NYC elder lawyer the right questions. From asset distribution, to estate planning, to medicaid planning make sure to cover all bases with your attorney.
If your loved one left a will and you do not know where the probate court process begins it's time to call a law firm to assist you. Even in the event your loved one did not leave a will, we can help you claim what rightfully belongs to you through what's called estate administration. Learning what estate administration is will be crucial as the claims process without a will is quite complicated. You will need a long consultation with a qualified firm to understand the process in your state of claiming funds without instructions from the deceased. So whether you are looking to plan your estate in Astoria, Flushing, or anywhere else in the five boroughs of NYC you call call us for a free sit down consultation. Writing a will involves a lot of law. There is even a big legal debate about an estate will written by A Dementia patient that has terrible memory and very bad cognitive skills.
Video #1: Can I Revoke My Last Will and Testament?
Video #2: Does my will or beneficiary designation take precedence?
Video #3: Do I Need a Will If I Have Beneficiary Forms?
Brooklyn Area Workers Compensation LawyersWere you injured at work? Workplace injuries can be one of the most difficult things for a family to deal with. The financial burden of losing your skills to to physical issues can be overwhelming. Whether you are looking to file a claim with your employers insurance or looking to get government assistance you should call an attorney. Did you know that you pay taxes to the state of NY every single month for disability? Know your rights, claim whats yours, and call a workers compensation lawyer in Brooklyn today. As a reminder, when you get hurt at work you must notify your employer immediately. After that you must visit a doctor to receive medical attention right away. Finally, call a workers attorney right away. Our sister law firm handles our employment law issues. They can be contacted at: Shulman & Hill Workers Compensation Firm 44 Court St #808 Brooklyn, NY 11201 (718) 852-4700 http://www.shulmanwc.com
Real Estate Lawyers in NYReal Estate in NY is very expensive can be a big drain on ones time and energy. The last thing anyone wants to worry about when dealing with the purchase of the home of their dreams is the law involved with that purchase. This is exactly why it is so vital to deal with a housing attorney that one can trust and rely on during this crucial time. At the end of the day, your real estate transaction must go as smooth as possible from the perspective of the law or the deal can get ruined. Residential and commercial closings have a lot of aspects involved that only a quality attorney will know. Lease reviews and negotiations are often a key element of this process. Landlord-Tenant and foreclosure issues are common today and require the immediate help of a qualified real estate lawyer. You may require CEMA preparation or 1031 counseling. As you can see from the perspective of the law representation is a must. Don't hesitate and make sure you deal with a highly experiences legal representative. Closing with an unqualified attorney can cost you thousands in damages. Make sure you choose an NYSBA licensed real estate attorneythat has dealt with a significant amount of property closings in the past.
Family Real Estate Law in NY
The Law When People Die Without Leaving Wills
Being the legal experts at planning estates and ones future is no easy tasks. Elder law and medicaid planning can make or break the future of a human being. We keep up to date with every single change in the law and work hard to try to be the Kings Of Elder & Estate planning in the United States.
The latter resources are law related articles that our firm thought would be useful to the general public. It is by no means any form of legal advice. You must speak to your legal representative before taking any action or making any decisions based on this information.
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Legal Type: Financial, Trust and Estate