A probate sale is the sale of a deceased person’s real property overseen by the probate court. Because there might be competing interests in that real estate, there can be legal ramifications to buying, selling, or possessing property from a probate sale. When you are participating in a probate sale, an attorney familiar with New York’s Surrogate Court and...
Continue ReadingWe understand how difficult it is to lose a loved one. At the same time, the legal process of sorting out an estate can feel overwhelming, especially when you are grieving. One of the biggest questions families have is whether a house in probate can be sold and what the process looks like. The good news is that a...
Continue ReadingWith all the online resources in the modern age you might wonder, Why would you need a probate attorney? Probate lawyers provide many valuable services, including knowledge of the probate system and how to navigate it. Going through probate without a lawyer is challenging on the best days, and few are at their best after losing a loved one....
Continue ReadingNew York, like most states, requires a minimum asset value of the estate to require probate. If an estate’s value is under that minimum, then the estate goes through a small estate proceeding. That said, even if an estate is below the threshold, that does not mean the Surrogate’s Court is not involved. Likewise, you should never assume that...
Continue ReadingWhen a loved one passes away, navigating the administrative tasks that follow can feel overwhelming. You are grieving while also facing a series of legal and financial responsibilities. If your family member left behind a will, you may be staring at the document, unsure of the first step or how quickly you must act. Many people in this situation...
Continue ReadingProbate is the court-supervised process of distributing a deceased person’s assets, but it can be time-consuming and costly. If you’re looking for ways of how to avoid probate, especially for bank accounts, there are effective strategies that can help. Payable-on-death (POD) designations and joint titling of assets are just two of these strategies. These options allow funds to pass...
Continue ReadingUnderstanding how the probate court New York system works is essential when dealing with a loved one’s estate. Probate is the legal process of validating a will, resolving debts, and distributing assets according to the deceased’s wishes. Whether you’re the executor of a will or someone expecting to inherit, you’ll likely need to engage with the New York probate...
Continue ReadingUndertaking the management of a loved one’s estate can feel like an excessive burden on top of processing your grief. If you have lost a loved one, it is natural to wonder, How long does probate take in NY? There is no universal answer—New York probate can take anywhere from a few months to a few years. Many factors...
Continue ReadingWhen someone dies, those left behind are responsible for managing the estate by paying off debts and distributing assets. In New York, the Surrogate Court generally appoints a personal representative—either an executor or administrator—to manage the estate. Once the representative finishes their work, the court typically orders the estate to pay administrator or executor fees. New York law sets...
Continue ReadingWhen someone passes away, transferring ownership of their property can be a daunting task. Understanding the transfer on death deed process and how an experienced attorney can assist you through each step is crucial. If you need guidance on transferring a deed in New York after a loved one’s death, the Law Office of Andrew M. Lamkin, P.C. is...
Continue ReadingTransferring property after someone dies can be challenging. When a person dies in New York, their entire estate must be dispersed according to the instructions in their will, living trust, or intestacy laws. If the deceased person, also called the decedent, didn’t leave a will, or set up a trust, then the probate court must determine who receives any...
Continue ReadingThe probate process begins when a person dies, and the family delivers the person’s will to the probate court. The probate court appoints a personal representative who manages the estate. That person is legally responsible to the family and other interested parties for how they handle the estate. Once the personal representative distributes the estate assets, the probate process...
Continue ReadingFor most people, probate is an unfamiliar process that they are suddenly faced with after losing a loved one. In the midst of grieving, you’re trying to navigate a legal proceeding that involves paperwork and deadlines. That’s where a probate lawyer comes in. At the Law Office of Andrew M. Lamkin, P.C., we help families in New York through probate...
Continue ReadingIt is tempting to try to create a will on your own, outside of a lawyer’s office. Bookstores, online services, libraries, and even friends may present templates for you to create your will. Your goal may be to save money and time and create the will yourself. However, when you make your will without an attorney, you are taking...
Continue ReadingSince March 2020, probate courts across the United States have slowed down or even suspended probate cases out of concern for public health and safety. New York is no exception to this widespread trend. Even when courts resume their previous pace, however, a large backlog of cases will take quite some time to resolve. Fortunately, the Law Office of...
Continue ReadingThe digital revolution, by moving information from paper to digital form, has saved countless forests from destruction. It has also created quite a bit of wealth in the form of digital assets. Most people own some form of digital assets, even if their value is relatively difficult to quantify. Some common examples of digital assets include: Digital photographs, Videos,...
Continue ReadingProbate is the process of distributing your assets after you die. Depending on the details of the estate, the probate process will be relatively complex or relatively simple. In many cases, especially with large estates, the process is far too complex to manage without the assistance of an experienced probate legal practitioner. Following is an overview of the basic...
Continue ReadingWhich court you must use to open probate depends on where the decedent lived and where their assets were located. Depending on the circumstances, you might not need to open probate at all. On the other end of the spectrum, you might need to institute probate proceedings in more than one jurisdiction. The larger and more complex the estate...
Continue ReadingThe Uniform Rules for New York State Trial Courts, Part 207 imposes no formal probate time limit on executors. Theoretically, you could wait for decades to apply for probate, and some people have. Once you begin the process, however, individual courts do set their own probate time limits for when various documents must be submitted. Although there is no...
Continue ReadingThe death of a loved one is always a difficult time – a time that few of us will be able to avoid during our lifetimes. The emotional turmoil that accompanies the death of a loved one is further intensified if the death was unexpected. Despite this turmoil, there are a number of steps that you need to take,...
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