WHAT DO I DO WHEN A LOVED ONE DIES?
by cjleclaire
 Bonnie Lawston-NY Probate Estate Attorney
Mar 04, 2020 | 11550 views | 0 0 comments | 746 746 recommendations | email to a friend | print | permalink

Take a breathe first.  After you have gathered your thoughts, make an appointment and consult with an Probate Estate Administration attorney. Many offer a free consultation and can provide valuable information. The steps that you take initially are very important and if given the proper guidance can save you time and money. Many of people I speak with make most of their mistakes with estate administration in the beginning and prior to seeing an estate probate attorney.  I always tell my clients, please call me, any time, if you are about to make a decision that affects the estate, your fiduciary responsibilities or even the estate assets.  I can provide you the right legal advice to avoid the common mistakes that can be costly before they happen and avoid same.

My legal practice focuses on probate, estate administration and trust administration. any of my clients reside outside of New York, in Florida, California and other parts of the country but are serving as a fiduciary or an heir to a New York Estate matter. If you are an executor, administrator or trustee for someone who died in another state but the decedent owned real property in New York, we can assist you with that ancillary proceeding. There is no need to be stressed out over the estate administration process. We provide the legal assistance that is needed at a low cost. If you have no money to retain an attorney, we offer many types of retainers where the legal fees are deferred.

WHAT ARE YOUR INHERITANCE RIGHTS?

A FAMILY MEMBER PASSED AWAY AND YOU WERE IN THE WILL, WHAT DO YOU DO NOW?

If you believe your family member’s will is not being properly executed, a lawyer can review and advise you of your rights. Whether you live locally or out-of-state, a probate attorney can answer your questions. You can relax on your sofa or spend time with family, and we will take care legal matters, preparing documents for probate court and working to protect your interests.

Located on Long Island, The Law Office of Bonnie Lawston. PC has assisted countless clients from all over the country with the challenges of probate and estate administration with New York Estates. In cases where your loved one lived elsewhere but had real estate in New York, we can assist you with the administration of the New York assets.

HOW DO YOU KNOW THE EXECUTOR WILL PAY YOU WHAT WAS STATED IN THE WILL?

Beneficiaries receive what remains after the estate has been inventoried, creditors have been paid and tax returns have been filed with payment of applicable taxes. A lawyer reviews the estate legal documents, closing documents, bank records, demand and review a judicial accounting and other discover documents to ensure you receive your inheritance and that the executor provides a proper accounting and complies with the applicable laws as it relates to the administration of the Estate.

In instances where you do not receive the proper distribution, your attorney can fight for your inheritance and seek to hold the fiduciary of the estate accountable for his or her actions. In many instances, communication from a lawyer resolves the issue, and if not, taking legal action may be necessary to protect your interests.

Remember that the attorney for the estate’s representative does not represent you but represents the fiduciary of the Estate. Thus, if the fiduciary has done something improper or not done something, the estate’s attorney is not going to tell you.  You need your own attorney to protect your interests as opposed to the Estate.

DO YOU KNOW WHAT YOUR INHERITANCE RIGHTS ARE AFTER THE DEATH OF YOUR SPOUSE?

IF YOUR SPOUSE DIED AND LEFT YOU OUT OF THE WILL, WOULD YOU KNOW WHAT TO DO?

Under New York law, whether your spouse included you in the will or not, you are entitled to either $50,000 plus one half of the value of the estate or $50,000 plus one third depending on whether you have children. The exception would be if you waived your rights in a prenuptial agreement or other document.

If your spouse eliminates you from the Will, you must file a claim within the statutory amount of time to preserve your rights.  Our probate and estate attorney can assist you with protecting your inheritance rights.

WHAT ADVANTAGES DOES A PROBATE LAWYER OFFER?

Delving into the law and understanding the statutes that apply to probate are daunting for most people. It takes years of study and experience to acquire the legal knowledge a lawyer has attained. Lawyers can help you take advantage of tax laws to maximize the inheritance. In addition, various retainers are available and some allow legal fee payment through the estate, rather than direct payment.

Many times, an estate has a lot of real property and very little cash, or the family can not access the cash making it difficult to retain an attorney. The Law Office of Bonnie Lawston, PC understands this very well and will offer retainers that require no money up front for legal fees. Most clients qualify for this retainer. Free consultations are offered and can help evaluate your case immediately making for a quicker resolution saving you time and money.

Furthermore, when a loved one dies, loss, grief and other emotions often make dealing with legal matters difficult. It can be helpful to have guidance from an objective professional outside of the family.

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