LONG ISLAND REAL ESTATE LAWYER

A Will is a legal document drawn up by a person while they are alive, to determin how their property should be distributed upon their death. There are technical requirements in the writing, and the signing, of Wills which must be followed, if the Will is to be valid. A Will that is improperly prepared will be rejected by the Court, and the deceased's wishes, to the extent they are set out in the Will, will be ignored.

Estate Planning involves developing a plan to pass on assets, involving assets passing though a Will, passing outside the Will, and by life insurance. It may involve the use of Trusts. The idea is to maximize the amount that reaches a person's heirs, and to minimize the amount taken by the government, by estate taxes or other fees. It may involve special arrangements to take care of a handicapped adult, or a child, and may involve special considerations for the passing down of a family business.

Probate is a legal proceeding in which a Will is entered into Court. The main purpose of Probate is to legally transfer a deceased person's property to his or her heirs. It involves having the deceased owner's Will approved by the Court, which appoints an executor to administer the deceased's estate. An estate is a legal entity, much like a corporation, and the Executor is the person in charge of the estate. The Executor is required by law to carry out the instructions in the Will. The Executor works with an attorney to properly transfer the deceased person's property to his/hers heirs, in accordance with the Will. The executor is also requried to first pay the deceased person's debts, taxes (if any), and is responsible for filing all necessary documents.

Estate Administration is similar to probate, it involves a property owner who died without a will (such a person is said to have died "intestate"). When a person dies intestate, New York Law dictates how the deceased person's property is distributed among his family members. In Administration, the Court appoints a person, called an Administrator, who has powers and responsibilities similar to an executor of a Will. The Administrator is usually a family member.

There are times when a person's heir disputes the validity of a Will. He or she challanges the Will, and seeks to prevent the Will from being accepted by the Court into probate. The proceeding to challange a Will is known as a Will contest, it is a form of litigation, that is, a type of lawsuit. The possibility of a Will contest is a additional reason to have a Will properly prepared. If you have questions about a Will that concerns you, if you think a Will involving an estate in which you have an interest should not be accepted into probate, you need to seek an attorney's advise. The grounds for challange a Will are complex. The deadline to assert a challange is short.

The firm represents people in Probate and Administration Proceedings. We also advise clients in Estate Planning, and the preparation of Wills. We represent parties in contested probate proceedings, in which the validity of Wills are challanged or defended.