Melville Estate Administration Lawyer

Estate administration is the function of the probate court after someone passes away. Assets the decedent owned are identified, organized, and distributed to beneficiaries. Various estate planning documents adopted during a person’s lifetime are relied upon to fulfill their final wishes. A well-versed probate attorney could help you to circumvent probate in some instances by, for instance, naming a beneficiary for a life insurance policy.

When you own various assets, you may want to pass them on through a trust. Special gifts can be passed to a loved one in a will. Failing to adopt a will because you do not believe you have enough to worry about can be a big mistake, as it can lead to family arguments and unintended consequences for your business interests. From determining the correct estate documents to drafting them, a Melville estate administration lawyer from Tully Law Firm, PC, offers you peace of mind when your future dispositions are clear.

How Estates are Administered

Many people are unclear about what an estate administration lawyer does, and it goes far beyond rounding up heirs and handing assets in Melville. Our lawyers could:

• Assist with selling assets to settle debts
• Oversee asset distribution to beneficiaries or heirs
• Oversee paying creditors who have a claim to the estate
• Assist with paying final income taxes and estate taxes if required
• Open a probate case by filing a petition with the appropriate court
• Oversee the personal representative’s inventory and appraisal of assets
• Notify beneficiaries named in a will or statutory heirs if there is not one
• File a motion for the court to appoint a personal representative if one is not named in a will

The personal representatives chosen by the decedent are usually spouses or other close family members who may not have any experience with the probate process. Asking a knowledgeable attorney for help makes sense, knowing that actions will be timely and any family squabbling can be addressed immediately and legally.

When Someone Contests a Will

As a Melville attorney could share, it is common for family members and other beneficiaries to believe they should have received more from the deceased than they did as part of the estate administration process. Wills are contested or objected to every day. An estate administration lawyer could assist a personal representative who is being accused of mismanaging the probate process or determine if mischiefs are occurring so they can be righted.

Any person contesting a will must have standing to do so, which means they have an interest in the outcome. They must show that the decedent was of sound mind, was not coerced, or that the personal representative engaged in self-dealing.

Not All Property Is Entered into Probate

The aim of probate is to transfer ownership of a person’s assets to those chosen to receive them after their death. Some assets are exempt from probate and transferred in other ways.

A marital home owned in joint tenancy automatically transfers to a surviving spouse. Trusts are administered separately from probate, as are any accounts in which beneficiaries are designated separately, such as retirement accounts, insurance policies, and bank accounts with a pay-on-death provision. Talk to a Melville estate administration attorney to ensure a loved one’s probate and other property are handled competently.

A Melville Estate Administration Attorney Is Your Family Advocate

When you have been named a personal representative for a loved one’s estate after their death, you may be wondering what to do next, especially if you have no experience in probate matters. We could help you through the process, from filing the initial petition to distributing assets.

Much coordination is necessary between the court, heirs or beneficiaries, appraisers, tax professionals, insurance companies, and banks. Our Melville estate administration lawyers are with you from beginning to end. Contact us today to schedule a consultation meeting.