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Few moments are more painful in life than the death of a loved one. The compounding emotion and stress are enough, but it’s often accompanied by a difficult family discussion about what to do next.
Most of the time, families are forced to navigate the Surrogate’s Court system to resolve probate and estate administration issues while still grieving a terrible loss. This process can be complicated and often more manageable with a knowledgeable Melville probate lawyer’s help.
We have extensive knowledge of matters involving Surrogate’s Court and will ensure that your loved one’s wishes are honored. Our experienced estate planning attorneys and paralegals will guide you through the process and ease any confusion about legal complexities that arise.
Whenever someone dies without leaving a will, the property in the decedent’s estate must go through probate. Probate is a judicially supervised process of gathering the decedent’s property, ensuring their debts are paid, and distributing the remaining assets to their heirs. If there is no will, the family must complete a similar process known as estate administration.
When there is a will, the decedent typically names an executor. This person is usually a family member but could also be a trusted friend or colleague. The executor is responsible for managing the estate through the probate process. They are considered a fiduciary, which means they have a responsibility to act in the best interests of the beneficiaries, not for their own benefit.
A probate attorney in Melville can help an executor carry out their duties. To initiate probate, a legal professional must file a petition with the Surrogate’s Court in the county where the decedent lived, asking the court to open a probate proceeding and issue authorization – called letters testamentary – to the executor. The petition must include the decedent’s will and death certificate.
Proving the will is the first key step during probate. Most people who work with an attorney to draft their will have a self-proving will, meaning the creator of the will signed it in front of witnesses and a notary public. When a will is not self-proving, the court may call the witnesses to testify.
Once the will is accepted, the executor must collect the property in the deceased person’s estate and use it to pay their debts. Some property the decedent owned may not be part of their estate. A probate attorney in Melville can help an executor determine which property is exempt. If the estate has insufficient cash to satisfy the debts, the executor may have to sell some property to meet the decedent’s obligations.
The executor also must file an individual tax return for the year the decedent died and a return for the estate for every year the estate remains in probate. Probate can last for several months to several years, depending on the complexity of the decedent’s finances and whether the executor must liquidate property to pay estate debts. Once the debts and taxes have been paid, the executor can distribute the remaining property to the beneficiaries of the will and close the estate.
While probate can involve many time-consuming and seemingly tedious tasks, it usually goes smoothly. However, in some cases, an executor may face legal challenges during probate. Our attorneys are equipped to help an executor or family member navigate these challenges.
Sometimes, family members or others who expect to inherit may claim that the will presented to the court is invalid. They might argue that the will was not executed correctly, the decedent was not of sound mind when they signed the will, or someone else had undue influence over the decedent’s decisions.
According to New York Estates, Powers, and Trusts Law § 11-1.1, the executor has significant power to manage the estate as they see fit. When the beneficiaries of a will believe the executor is not doing their job properly, they can ask the court to replace the executor, request the money the executor earned from the estate, or take other actions as the court deems appropriate.
Before an executor can close an estate, they must present an accounting to the beneficiaries. Usually, the executor provides a summary of the estate property, its debts, and all transactions they made while managing the estate. Beneficiaries can request the court to order an outside auditor to review the estate’s accounts if they are dissatisfied with the executor’s informal accounting.
Regardless of the legal challenges you encounter during the probate process, a Melville lawyer could provide the guidance you need to protect your interests.
Whether you are the executor of a decedent’s will or a family member eager to settle an estate, the probate process can be frustrating and confusing. When you need legal assistance or have questions about probate, it is essential to speak with a Melville probate lawyer.
Our team has successfully handled matters in every realm of estate and trust administration, including litigation and accountings (both informal and judicial) and heirship issues. You can count on our experience to secure the closure your family and loved one deserves. Contact us today for help.
