For 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,...
Continue ReadingNew York state law provides numerous legal grounds for removing a trustee from a trust. These grounds apply to many different types of trusts, including family trusts. The trust document, created by the grantor of the trust, can specify additional grounds for removing the trustee of a family trust. Grounds for Removal of a Trustee under New York Law...
Continue ReadingOnce probate is granted, that is when an executor’s primary duties begin. Now it is time for the executor to start gathering assets, paying off any debts, and filing papers with the court to administer the estate and eventually close it out. The entire process begins with the executor requesting probate from the court, which usually requires a filing...
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