Long Island Probate Lawyer

Trustworthy Probate Lawyer for Long Island

Many people are confused about what probate requires of them. Probate is a legal process whereby a decedent’s estate is administered and distributed. How it’s distributed is determined according to whether there is a will, or if there is no will, when a decedent has died “intestate” what state intestacy law requires. It is imperative to seek counsel for these important procedures. Whether you have been named executor or are interested in serving as estate administrator or you have an interest in a decedent’s estate, you should call seasoned Long Island probate lawyer Jules Haas about your case. He will bring to bear four decades of experience representing clients in every step of probate. This includes advising you regarding the duties of an executor; helping you file the appropriate legal notices; representing and litigating your claims against the estate; and distributing an estate to beneficiaries or heirs.

Long Island Probate Procedure

In Long Island, there are two Surrogate’s Courts, one for Nassau County and one for Suffolk County, to which a probate petition may be submitted. The Surrogate’s Court determines whether a will is valid and oversees the actions of an executor or administrator to make sure that a decedent’s estate is settled properly. Probate ensures that, when proper legal steps have been taken, a decedent’s wishes (or state law) are followed. Sometimes there are significant legal disputes, even among family members, in connection with an estate; emotions run high. The legal framework provided by the court can assist with resolving disputes over the estate and provide trust that a decedent’s final wishes were followed to the extent possible.

In most cases, when a decedent has made a valid will, they have also named an executor. That is the person who becomes responsible to file the will with the court, gather assets, pay off creditors, pay taxes, and pay funeral expenses. The remaining assets are then distributed to the will’s beneficiaries.

However, there are many cases in which someone dies without making a will at all or makes a will that doesn’t follow proper formalities to be validated by the court and has therefore died intestate. The court can appoint someone to handle his or her estate. For example, when someone has died in Long Island, the court could appoint the decedent’s sister as administrator of the will, if she petitioned for appointment, and she would take steps similar to those taken by an executor; her actions would be guided by EPTL 4-1.1, which covers the distribution of property when no will was left. Under these intestacy rules, for example, if the decedent leaves behind a spouse but no children, the spouse inherits everything. However, if the decedent leaves behind both a spouse and children, the spouse inherits the first $50,000 plus half of the balance of the estate and the children inherit the rest.

Retain an Attorney to Represent You During the Probate Process

In response to a probate petition, the Nassau County Surrogate’s Court or Suffolk County Surrogate’s Court will issue letters testamentary to an executor or letters of administration to an appointed administrator to give them the authority to settle the estate. Executor and administrator are very important roles, and in most cases, require the assistance of a seasoned probate attorney who can make sure all proper steps are taken in furtherance of fulfilling an executor or administrator’s duties.

Sometimes complex issues arise. Beneficiaries named in a will may have disputes and interested parties may challenge the will’s validity. An attorney can assist with navigating and litigating these difficult and emotionally fraught issues. Suppose, for instance, a Long Island decedent’s wife contests a will that named as principal beneficiary the decedent’s professional caretaker on the grounds that the caretaker exercised undue influence over the decedent when he was suffering from a serious illness. If her will contest is successful and the rules of intestacy apply, she would be entitled to inherit the entire estate, making it very important for all parties to have representation from seasoned attorneys that understand the governing laws and what’s at stake. 

Call a Long Island Probate Attorney

Experienced probate lawyer Jules Haas has more than four decades of experience representing interested parties, heirs, trustees, beneficiaries, estate administrators, and executors. He offers personalized and attentive legal representation. He also handles estate planning, trusts, will contests, guardianship proceedings, and Surrogate’s court cases. Contact Mr. Haas through our online form or call (212) 355-2575 for a free consultation.