When someone has passed away, it becomes necessary to wind up the affairs of that person’s estate. It also becomes necessary to facilitate the formal transfer of assets from the incapacitated person to heirs or beneficiaries. The process of handling all of the legal issues raised by the death takes place in probate court.
Going to probate court can be complicated. Handling court proceedings, including filing paperwork and attending hearings, is likely not on the top of your list of things to do when you are coping with the grief associated with a loved one passing away. The probate process can also be expensive, and the process can take many months to be completed.
If you’re involved in this process, you need to make sure it goes smoothly because you want to receive the maximum inheritance possible, and to make sure the wishes of the deceased are respected. Fortunately, you can protect your rights and the rights of the deceased while getting help navigating the legal issues associated with probate.
You can do this by reaching out to The Law Office of Michael Robinson, P.C. for help. Our experienced legal team can represent anyone who has been named as executor of an estate, as the executor has the most responsibilities during the probate process.
We also represent heirs or beneficiaries who need help making sure the probate process goes smoothly so they can protect their inheritance. Finally, those who wish to contest a will can also get help from our legal team to make solid arguments regarding why the will should not be probated.
You should give us a call to get personalized advice about the probate process and about the ways in which we can help you through it. You can also read on to find some Bath probate resources that could help you to better understand how the probate process will work, what your role is within it, and what the outcomes of probate proceedings could be.
Bath Probate Resources
The probate process must take place after a death has occurred and assets need to be transferred, except in limited circumstances such as when an estate plan has been made to transfer assets outside probate through trust administration or other means. Incapacity proceedings to have a guardian or conservator named also must take place in a probate court.
In New York, the probate court, or the court that presides over probating an estate or guardianship proceedings, is actually the Surrogate’s Court. For those who live in Bath, since Bath is located in Steuben County, the court where probate and guardianship proceedings will occur is the Steuben County Surrogate’s Court.
The website of the Steuben County Surrogate’s Court in the 7th Judicial District is the best resource that you can use to find out about probate in Bath. You can find information about this court on this site, including the court location at 3 East Pulteney Square, Bath, NY 14810. The court’s phone number is 607-622-8221 and the fax number for the court is 607-622-8243.
General Probate Resources in New York
You can also make use of general probate resources applicable throughout New York. For example, you can find many helpful resources on the Probate page of the New York Unified Court System. Here, there are details about what probate is, who is involved in the process, and what you can expect when probate takes place.
The Law Office of Michael Robinson, P.C. can also provide personalized advice specific to your situation whether you are the executor of an estate, one of the possible heirs or beneficiaries, or someone who believes the will should be contested and who wants help arguing it should not be probated.
Estate Tax Resources
When an estate is a large one, federal estate tax could be charged on the estate. This would mean that some of the assets the deceased left behind would have to go towards paying the IRS. New York is also one of the states that has it’s own estate tax; not all states do. It is important to understand whether your estate or the estate you’ll be inheriting is subject to tax or not. These resources can help.
- The New York Department of Taxation and Finance: Here, you can find details about estate tax in the state of New York, including when taxes will be owed and how much must be paid.
- The IRS estate tax website: This site provides details on federal estate tax that may be owed on larger estates.
If you are concerned that a portion of your estate could be lost due to estate tax or if you are worried about how estate tax will affect your inheritance, The Law Office of Michael Robinson, P.C. can provide guidance on estate tax rules and help reducing or avoiding taxes triggered by a death. We can also assist the executor of an estate in filing appropriate tax paperwork and making required estate tax payments out of estate assets.
Getting Help from Bath Probate Lawyers
Bath probate lawyers at The Law Office Of Michael Robinson, P.C. know the ins-and-outs of New York’s probate laws and we can put our extensive knowledge of these laws to work for you. Our goal is to ensure probate goes smoothly, to help you fulfill your duties and protect estate tax assets, and to work with you to ensure probate is ass quick and cost effective as possible.
When you need a compassionate and knowledgeable attorney to be your advocate and guide during your involvement with the probate process, you should reach out to our firm. You can learn more about what The Law Office of Michael Robinson, P.C. can do for you by joining us for a free seminar.
You can also give us a call at 585-374-5210 or contact us online at any time for personalized help when you’re involved in probate. Call as soon as possible when your loved one has become incapacitated or passed away and you need help navigating the probate court process.