Probate and Estate Administration in Long Island
Probate and Estate Administration Attorney in Long Island
Dealing with the loss of a loved one is difficult enough without probate and estate administration tasks. You aren’t sure how to manage your legal obligations and emotions, and you know you need help. Sheryll Law, P.C. provides probate and estate administration services in Long Island and the surrounding area. With our legal assistance, you can focus on healing from loss and be there for the surviving loved ones.
Sheryll Law, P.C. can handle all estate administration duties, beginning with inventorying the assets and ending with distributing property to the rightful beneficiaries. Our experienced legal team will ensure the estate is administered as seamlessly and stress-free as possible.
Reasons to Hire an Estate Administration Attorney
Long Island residents enjoy numerous benefits when they hire a probate and estate administration attorney. Your attorney can:
- Expedite the probate process
- Handle tax matters
- Ensure debts are settled
- Help you avoid family conflicts
You will also save time by having an attorney handle the tasks for you.
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Probate Administration Process
Most assets that aren’t transferred to a trust before death must go through probate before they are passed onto the beneficiaries. The estate administrator is tasked with inventorying the assets and paying the taxes and debts. Then, the administrator transfers the property to the designated beneficiaries. This appears to be a straightforward process on the surface, but it can be quite complicated, especially if there are numerous creditors and beneficiaries. Also, one or more parties might contest the will, adding to the challenges the estate administrator faces. Without legal counsel, the estate administrator can get stuck in a drawn-out and expensive process. Sheryll Law, P.C. helps estate administrators navigate the complexities of the process with ease.
What Happens If Someone Dies Without A Will?
If someone dies without leaving a will, the estate still must go through probate. An estate administrator will be responsible for distributing the assets based on the laws of intestacy. The surviving spouse will receive 100 percent of the assets if there aren’t children. The surviving spouse will receive half of the estate plus $50,000 if there are children.
The surviving parents will each get half of the estate if there isn’t a surviving spouse or children. However, if there aren’t surviving parents, the estate will go to siblings. That includes half-siblings. Grandparents are next on the list, followed by aunts and uncles. Grandchildren are next in line, and finally, if there are no surviving relatives, the state receives the property.
Assets That Don't Go Through Probate
Not all assets have to go through probate in New York, even if there is no will in place. Personal property with little or no value, such as photo albums, does not have to go through probate. Payable-on-death and retirement accounts with beneficiaries can also bypass probate. Also, a jointly owned property does not have to go through probate. In each of these cases, the property is immediately transferred to the beneficiary or the surviving owner. If you are unsure which property does not have to go through probate, contact Sheryll Law, P.C. to go over your assets.
Trust Administration On Long Island
Assets transferred into a trust do not go through probate. However, the trustee must follow specific steps when administering the trust. This includes inventorying and valuing assets, and filing the appropriate tax forms. Trustees have a legal responsibility to the trust and beneficiaries, and if mistakes occur, they could end up in court. An estate administration attorney can help trustees go through this challenging process to ensure that all guidelines and laws are followed while administering the trust.