07/20/2018










Three Easy and Effective Ways to Avoid Probate in New York

probateProbate can be slow and costly, tying up your estate for months or even years, and consuming a substantial amount of the estate that you intend to leave for your loved ones. But it does not necessarily have to be this way. There are several simple steps that can be taken to bypass probate, and ensure that a greater portion of your estate passes on directly to your loved ones without lengthy complications and expensive legal fees.

Probate in New York

When a person dies, something has to be done with the estate (assets and debts) that the decedent leaves behind. Probate – which is based on the Latin word “probo,” meaning to prove – is the legal process of finalizing a person’s estate after he or she has died. It includes the following activities:

  • Verifying the validity of the decedent’s will
  • Taking inventory of the decedent’s assets
  • Having the decedent’s property appraised
  • Paying off any debts and taxes
  • Distributing the remaining proceeds according to the decedent’s will or New York intestate law.

Probate is presided over by the executor, who is named in the decedent’s will, and often requires the help of an experienced probate attorney. The process can typically last for several months to a year, and can be notably expensive and time-consuming for the decedent’s survivors.

To ease the burden on their survivors, many people make plans to enable their estates to avoid probate. But, this can also be time-consuming and expensive. Whether or not it makes sense for you to make complex probate avoidance decisions will depend on your age, health, and the overall size of your estate.

Avoiding Probate in New York

There is rarely any need for young, healthy people to involve themselves in complex plans to avoid probate, as they will only have to redo it later in life in order to reflect the many changes that will have occurred. On the other hand, if you are older, in poor health, or have a sizable estate, you may want to do whatever you can to save your family the trouble and expense of having your estate go through probate.

There are several different ways to avoid probate. Here is a list of the easiest and most-effective ways to do so in New York:

1. Joint Ownership

When you and your spouse own assets together, the assets will most likely pass on to the other without going through probate when the first spouse dies. Check to make sure that the title to your property is held jointly, and in the proper manner, according to New York property law.

2. Naming Beneficiaries for Pay-On-Death and Transfer-On-Death Designations

Pay-On-Death (POD) designations can be added to bank accounts and certificates of deposits in order to have funds transferred directly to a beneficiary upon your death, thereby bypassing probate. The same thing can be done for securities and mutual funds by simply adding a Transfer-On-Death (TOD) beneficiary to your brokerage account.

3. A Revocable Living Trust

Creating a living trust, which is no more complicated than creating a will, is one of the most popular ways of avoiding probate. Once you create the trust, you can hold property in trust without having to relinquish any control and without any tax consequences. Upon your death, the property in the trust can be distributed by the person who you name as your trustee to whomever you name as a beneficiary – without the need for probate. Once all property in the trust has been distributed, the trust will cease to exist.

Contact a Long Island Probate Lawyer Today

Probate law is complex; there are a variety of things that can go wrong if you attempt to navigate the law without the help of an attorney. Therefore, as you take steps to avoid probate, it would be in your best interest to draw upon the knowledge of an experienced probate lawyer. He or she can help you avoid tax and probate consequences, and ensure that your heirs inherit as much of your estate as they are entitled to, without lengthy complications and expensive legal fees.
Call the Law Office of Andrew M. Lamkin P.C. at 516-605-0625 or contact me online to schedule an appointment with an experienced Long Island, NY probate attorney. I am available to meet with you at your home or my office, and would be happy to discuss the specific options available to you.



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