Nassau County Probate Lawyer

Trustworthy Probate Lawyer Representing Nassau County Clients

After the death of a loved one, many people need time to process their grief. However, there are many practical steps that need to be taken in connection with following the decedent’s wishes. Among other things, probate is a serious proceeding that may require legal assistance. It’s the means by which assets in the decedent’s estate are distributed. Distribution of the assets included in the estate is determined according to whether there is a will. When there is no will, the decedent has died “intestate,” which means state law will control how the assets should be distributed. No matter what your role is in the probate process, it’s important to consult a knowledgeable Nassau County probate lawyer. Jules Haas has more than four decades of experience counseling and representing clients in connection with an executor’s duties, filing of proper notices, litigating claims against the estate, and distribution of assets.

Attorney for Probate Proceedings

Probate is initiated when a probate petition is filed with the Surrogate’s Court after a death. Nassau County has its own Surrogate’s Court, which is where probate would take place if the decedent lived in the county at the time of his or her death. The Surrogate’s Court accepts the probate petition and makes numerous other decisions to ensure that an orderly and correct distribution of property according to the terms of the will take place.

If there is a will, only those estates that are worth more than $50,000 need to go through probate. When the estate is valued at less than that and no real estate is included in the assets, a small estate proceeding will be used instead. Retirement accounts and insurance policy proceeds do not go through probate if there is a designated beneficiary.

Once the probate petition is filed, the Nassau County Surrogate’s Court issues letters testamentary to the executor. If there is no will, letters of administration would be issued to a court-appointed administrator, and this would give them the authority to settle the case according to intestacy rules. Both executors and administrators benefit by retaining an experienced probate attorney who can help ensure they fulfill their legal obligations within those roles.

Validity of the Will

Among other things, the court may need to determine whether the will is valid; in some instances, interested parties dispute whether the proper formalities were followed, whether the decedent had testamentary capacity, or whether some other circumstance existed, such as fraud, that should invalidate the will. The process can be fraught with problems. Suppose, for example, the daughter of a wealthy Nassau County man may have been promised, as inheritance, such as her father’s house, only to find when the will is read that he devised it to his caregiver instead. The daughter could try to challenge the will on the grounds that the caregiver exercised undue influence over her deceased father; she would need to show that the caregiver manipulated her father into making the will whereby the caregiver is given the house, and that the will wouldn’t have been made without the caregiver’s manipulation.

Executor’s Responsibilities

Most often, when a decedent makes a will, they name an executor who will need to file the will with the Nassau County Surrogate’s Court, collect all of the decedent’s assets, pay off creditors, pay taxes, and pay funeral expenses. After all debts are paid, the executor can distribute possessions according to the will’s terms to the named beneficiaries.

Call a Nassau County Probate Attorney

It can be difficult to go through the probate process alone and without legal knowledge. Experienced Nassau County probate lawyer Jules Haas can bring to bear more than four decades of experience on your case. He provides personalized and attentive legal representation to beneficiaries, interested parties, heirs, trustees, executors, and estate administrators. He also handles estate planning, trusts, guardianship proceedings, and other Surrogate’s court cases. Contact Mr. Haas through our online form or call him at (212) 355-2575 for a free consultation.