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Posts tagged "Probate"

What are the steps in probate?

There are a lot of misconceptions and misunderstands about probate in New York. It is often put out there that probate is this long, drawn-out process that is complicated to get through, but that is not always the reality. The process is often a formality needed to ensure the legal transfer of assets. 

Does a will always have to go to probate?

When you think about probate, you probably automatically think about a will. You may have been led to believe that all wills have to go through probate after a person dies. This is not always true. It really is dependent on each situation. Your will may never have to go through probate in New York courts, which could make things much easier on your loved ones since probate can be long and tedious.

Closing accounts and other executor responsibilities

If you have been appointed the executor of your loved one's estate, you could have many questions when it comes to your responsibilities. As executor, it is vital to avoid any breach of your fiduciary duties, which may lead to serious consequences. For example, a beneficiary could decide to take legal action against you. At Joseph A. Ledwidge, P.C., we can understand how stressful it can feel to be in this position, especially if you are mourning a loved one's death. However, you can reduce the likelihood of additional hardships by carefully going over your different responsibilities, such as managing the estate's financial affairs.

How can I avoid probate?

Did you know that when you die, your estate does not have to go to probate in New York? While many estates do, it is not required if you ensure everything is in proper order before you pass away. According to The Balance, there are few options you can use to help prevent your estate from having to go through probate.

Working through a kinship proceeding

The probate process can be challenging for many different reasons. However, kinship proceedings can be particularly difficult to deal with. Our firm knows that these hearings can be emotionally taxing and have a significant financial impact on those involved. As a result, it is crucial for you to pinpoint the smartest direction forward if you are preparing for a kinship hearing.

Grounds for contesting a will

While a will may seem like the final say if your loved one in New York has passed away, the truth is that there can be many mistakes made during the writing and developing that can render the agreement invalid. If you believe that this has happened to you, we at Joseph A. Ledgwidge can represent you as you contest the will.

How much is the fee to file for probate?

If you are the executor of an estate, all sorts of questions may be on your mind. For example, you may have uncertainties related to your fiduciary duties or you could be unsure of how to approach the probate process. In Jamaica, and all across the state of New York, it is vital to make sure that you are aware of your responsibilities and prepare yourself for some of the responsibilities that lie ahead. For example, if you file for probate, you may be unsure of what the filing fee is.

Heir claims he was cheated out of $70,000

With regard to probate, there are many issues that executors, heirs and decedents may want to take into consideration. For example, heirs should be aware of any wrongdoing during the probate process, which leaves them with a smaller amount of assets than they were entitled to. Unfortunately, this takes place too often in New York and it can be very hard for people who are alerady going through emotional pain.

Talking with loved ones about probate

When it comes to estate matters, a myriad of issues could affect you, whether you are in the early stages of setting up your estate plan or are struggling with your duties as an executor. At Joseph A. Ledwidge, we can sympathize with people who have encountered these challenges in all parts of New York. Unfortunately, they can create a rift between family members, which can be even more devastating after a loved one has passed away. As a result, you should try to work with your loved ones to lock in a positive outcome, regardless of the nature of your complications.

What happens to a person's debts after they pass away?

If you are toiling in debt or a loved one is dealing with similar circumstances, a pressing question may be: “what happens to my debt when I pass away?” One would think that the debt would be extinguished with the person as they pass away. Unfortunately, this is not always the case, as some creditors will go to great lengths to collect on debt they are owed.