NYC Probate Lawyer

Are You Overwhelmed by the Probate Process?

Losing a loved one is hard enough without the added burden of managing their estate. If you’ve been named an executor or administrator, you’re likely facing a complex and overwhelming process that includes gathering assets, paying debts, and distributing property. Many families don’t realize how challenging probate and estate administration can be until they’re in the midst of it.

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Speak with one of our attorneys today and get the help you need to settle your loved one’s estate

How Does Probate Work in New York

Watch this short video to understand how probate works in New York

The Problem: Probate Can Be Complicated and Time-Consuming

Probate is the legal process through which a deceased person’s estate is settled. Without proper guidance, it can become overwhelming:

  • Lengthy Process: Probate can take months, or even years, depending on the complexity of the estate.
  • Legal Requirements: Executors and administrators are responsible for following the law, filing the appropriate paperwork, and paying any outstanding debts or taxes.
  • Family Disputes: The distribution of assets can often lead to disagreements, causing further delays and stress.

The Solution: Experienced Guidance from Miller & Miller Law Group

At Miller & Miller Law Group, we guide families through every step of the probate and estate administration process. Whether you’ve been named an executor, administrator, or are a beneficiary, our team is here to help you navigate the legal complexities, minimize delays, and ensure your loved one’s wishes are honored.

Our Probate & Estate Administration Services Include:

  1. Filing Probate Petitions:
    We help you initiate the probate process by filing the necessary petitions with the court and obtaining the authority to act as the estate’s executor or administrator.
  2. Collecting and Managing Assets:
    We assist with identifying, gathering, and managing the deceased person’s assets, ensuring they are properly accounted for and protected during the probate process.
  3. Paying Debts and Taxes:
    Executors and Administrators are responsible for paying the deceased’s outstanding debts and taxes. We help you navigate this responsibility, ensuring that all liabilities are properly settled.
  4. Distributing Assets to Heirs and Beneficiaries:
    Once the estate’s obligations have been met, we guide you through distributing the remaining assets to the rightful heirs or beneficiaries according to the will or New York State law.
  5. Protecting the Executor or Administrator:
    Serving as an executor or administrator can carry legal risks if mistakes are made during the probate process. We provide legal protection and guidance to ensure you fulfill your duties correctly and avoid any personal liability. Our goal is to protect you from any potential disputes or challenges that could arise during estate administration.

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The Stakes: What Happens Without Proper Estate Administration?

Without the proper legal guidance, probate and estate administration can quickly become a drawn-out and costly process. Here are some of the risks you face:
  • Probate Delays: Without timely action and proper documentation, the probate process can drag on for months or even years.
  • Financial PenaltiesFailing to pay debts or taxes on time can result in costly penalties.
  • Family Conflict: Without a clear plan for asset distribution, disputes can arise, creating tension and potential legal battles among family members.

The Benefits: How We Help You Through the Probate Process

  • 1. Avoid Costly DelaysWith our guidance, you’ll ensure that all legal requirements are met in a timely and efficient manner.
  • 2. Minimize StressLet us handle the paperwork, court filings, and creditor communications so you can focus on your family.
  • 3. Prevent Family DisputesWe’ll provide clear guidance on asset distribution and work to prevent or resolve conflicts that may arise during the process.
  • 4. Protect the Estate: Our team ensures that the estate’s assets are safeguarded and that all debts and taxes are properly managed.

Success Story: A Smooth Probate Process in a Time of Grief

A client came to us after the sudden passing of her father. As the executor of his estate, she was overwhelmed by the responsibilities and legal complexities of probate. She was also concerned about family members disagreeing over the distribution of assets. We were able to guide her through the process from start to finish—filing the necessary petitions, managing her father’s assets, paying off outstanding debts, and resolving family tensions. Within months, we successfully distributed the estate, honoring her father’s wishes while minimizing stress for the family.

Schedule a Consultation

Speak with one of our attorneys today and get the help you need to settle your loved one’s estate.

Frequently Asked Questions

Q: What is the role of an executor?

A: An executor is responsible for managing the deceased’s estate, which includes gathering assets, paying debts and taxes, and distributing assets to beneficiaries.

Q: How long does probate take?

A: The probate process usually takes anywhere between 9 months and a few years, depending on the size and complexity of the estate, as well as whether any disputes arise.  There is a 7 month creditor period after the court appoints a fiduciary. 

 

 

Q: Can probate be avoided?

A: In some cases, probate can be avoided by using estate planning tools like revocable trusts or joint ownership of assets. We can help you explore these options to protect your estate from probate in the future.

Why Choose Miller & Miller Law Group?

  • Compassionate and Experienced Attorneys: We’ve helped countless families through the probate process, ensuring their loved one’s estates are settled efficiently and with care

  • Personalized Support: Every estate is different, and we tailor our approach to meet the unique needs of your family.

  • Proven Track Record: With decades of experience in estate administration, we know how to avoid delays, minimize stress, and resolve disputes.

Get Peace of Mind Today

Contact us to schedule your consultation and let us help you through the probate process.