NY Probate Attorney
Serving NYC, Brooklyn, Bronx, Queens, Staten Island & Manhattan
If you need an attorney to help you with estate probate in New York, The Law Office of Inna Fershteyn in Brooklyn, NY will assist you in navigating what can be a complex estate probate process and handle legal procedures related to the division of property and dealing with the decedent’s estate.
We represent many out of state relatives of people who left a will in NY or need NY estate planning done for relatives who are disabled and unable to come to the law office themselves. Our estate attorney visits relatives in the hospital, nursing home or assisted living facility and helps to set up a will and a trust and draft a durable power of attorney. Our NY probate attorneys help out of state executors to serve as executors in NY Probate proceedings and to fulfill its executorship duties while being out of state.
HOW OUR NEW YORK PROBATE LAWYER WILL HELP YOU:
An experienced New York Probate lawyer at the Law Office of Inna Fershteyn will advise you about the following:
- Which petition probate or administration to file in Surrogate’s Court and in which County such petition should be filed.
- Help prepare and file the appropriate petition with Surrogate’s Court.
- Provide full support for appointed Executor/Administrator in dealing with the estate, including payment of estate debt to rightful creditors, sale of estate assets, payment of estate taxes and final distribution of estate assets to heirs.
- Represent clients in Will Contest Proceeding
- Provide representation and experience with the NYC Probate Surrogate’s Court
Call (718) 333-2394 to set up a consultation or contact us online.
WHAT IS PROBATE?
Probate is the process of proving the validity of the Last Will of the decedent in Surrogate’s Court. It is a complex legal proceeding that may take up to one and a half years in the State of New York. If you live in New York City, the cost of probate can vary depending on the value and complexity of the estate and other factors. To probate a Will typically add up to 5 to 7 percent of the total estate value. A New York will probate attorney can help you through the entire legal process. Call our New York estate probate lawyer now at (718) 333-2394 for a free consultation concerning Probate or Estate issues.
WHAT IS A WILL CONTEST?
Any Will can be contested by a potential heir or an alleged debtor of the estate. These are the most common reasons for a Will contest:
- The Existence of a Later Will – If there is a validity executed Will made after the one offered for probate, the later Will would replace the earlier Will.
- Coercion and Undue Influence – If the decedent was influenced through coercion, duress or fraud to place the wishes of another, rather than his or her own, into the Will, the Will may be found invalid
- Fraud – If it can be shown that a false statement was made to the deceased convincing the deceased to dispose of his or her property differently than he or she would have otherwise, the Will may be found invalid.
- Incapacity– The law requires that the decedent was of “sound mind” at the time the Will was made. The “sound mind” requirement typically requires that the person understands in a general way (1) what he or she owns, (2) who his or her family is and (3) what his or her Will provides. The state of mind at the time of making and signing of the Will is the mental state considered. If the testator (the one making the Will) is usually of unsound mind, but has occasional moments of clarity, and the Will was executed during one of those moments of clarity, then it would be valid. Proving that the decedent was mentally ill or under the influence of alcohol or drugs at the time the Will was made are also ways to establish incapacity.
- Improper Execution– A Will must be properly executed in order to be valid. This requires that the making and the execution of the Will conform to the state’s requirements. In New York, a testator must be 18 years of age or over, and of sound mind and memory. The Will must be witnessed by at least two persons who will not benefit under the Will. A Will must be executed in strict compliance with the law or it will not be valid. Homemade Wills are extremely dangerous and are frequently the subject of lawsuits.
- Forgery– A Will can be found invalid if any portion of the Will, including any terms of the Will or the signature of the testator or the witnesses, is determined to be forged.
If a Will contest occurs, a trial of the Will contest must be held before the Will can be probated.
The Law Office of Inna Fershteyn is comprised of a group of experienced, leading will probate attorneys that can help with your will probate proceedings and will contests after a loved one has passed away. We serve Clients from Brooklyn through the Five Boroughs of New York City as well as Kings County, New Jersey and the surrounding area.
For more information about Will Probate please call the Law Office of Inna Fershteyn at (718) 333-2394
and schedule a NY Probate consultation.