Under New York probate law, the probate process will generally take place in Surrogate’s Court in the jurisdiction where the deceased person (the decedent) lived. The probate process can be complicated and many families struggle as they wait for their inheritance and try to determine what their obligations are during probate. An experienced attorney can provide assistance with this process and can explain how the law applies to your situation.
The Law Office of Michael Robinson, P.C. can represent the executor of an estate, as well as beneficiaries or heirs and others going through the probate process. We can help you to understand what to expect and can dispel the myths that people commonly believe about probate. Our legal team also provides guidance to those who want to help their families avoid probate.
Give us a call to find out how a Rochester probate planning attorney can explain New York probate law and make the law work for you.
Myths about New York Probate Law
Although the probate process has to take place after most deaths, many people do not understand the probate process or they believe incorrect myths about probate. Some of the biggest myths and misconceptions about New York probate law include the following:
- Myth: Probate is only for big estates: This is not true. Unless advanced plans have been made, the majority of estates will have to be probated.
- Myth: The person chosen as executor automatically assumes the role: While the person named in a will is usually appointed as executor, this is not always the case. The court can appoint someone else to serve as estate administrator if the executor does not want the job or is not able to fulfill the role.
- Myth: If assets transfer outside probate, no estate tax is charged. While there are certain tools you can use to transfer assets outside of probate and avoid estate tax, assets that pass outside probate can sometimes still be considered part of the taxable estate. If you are worried about taxes, you should talk with an experienced attorney about how to make an estate plan that will help to shield your wealth from being taxed by the state of NY or by the IRS.
The Law Office of Michael Robinson, P.C. will provide you with accurate information about the probate process so you can protect your inheritance, ensure the wishes of the deceased are respected, and ensure you fulfill all of your duties during probate.
Why it is Important to Understand New York Probate Law?
The probate process is important because it is the process used to determine if a last will and testament is valid or to determine who inherits under intestacy law. People work hard to build wealth and leave a legacy and the probate process is the process which is used to make certain that the deceased gets to make his chosen mark on the world.
Knowing probate law is important for a person who is thinking about his legacy, as your understanding of New York probate law can guide you in determining whether you want your assets to transfer through the probate process or whether you would prefer to find ways for wealth to transfer outside probate.
After a death, understanding what to expect during the probate process can help you to form realistic expectations about the process of inheriting so you can make appropriate financial plans. The Law Office of Michael Robinson, P.C. can help both with the estate planning process and with the probate process after a death.
Getting Help from A New York Probate Law Attorney
The executor of an estate needs to understand New York probate law and must make certain to fulfill his or her responsibilities during the probate process. An experienced attorney can offer the types of help that clients need when going through probate. We not only represent executors in fulfilling their obligations, but we also help all interested friends and family members whose futures will be impacted by the probate process.
To find out more about the ways in which an experienced attorney can provide you with help during probate and to dispel some of the most common myths about New York probate that you and your loved ones may believe, you can download our free estate planning worksheet. You can also give us a call at (585) 546-1734 or contact us online to talk with a New York probate law attorney to get some personalized advice about the probate process or about your estate plan.