If your loved one has become incapacitated by illness or injury, or if your loved one has passed away, the last thing that you want to do is to deal with court proceedings. Unfortunately, that’s exactly what you will end up dealing with in most circumstances.
That’s because assets typically transfer through the probate process after someone has passed away, unless plans were made to transfer wealth through other means such as through the trust administration process. Proceedings to appoint a guardian or conservator for an incapacitated person also happen in probate court.
While going to probate court is stressful, the process can be made easier if you have a trusted probate lawyer who knows the court system and who can represent you. The Law Office of Michael Robinson, P.C. is here and ready to help.
We can provide representation to the person who has been named as executor of an estate or who has been appointed as a personal representative by the court. We can also help potential heirs or beneficiaries to monitor the probate process to make sure that their inheritance is managed appropriately and transferred as quickly as possible.
In circumstances where someone wishes to contest a will, we can also provide assistance with crafting and presenting arguments to maximize the chances of success and if someone needs to become a guardian or conservator for a loved one with a physical or mental illness, we’re there to help with this legal issue as well.
Whatever your involvement with the probate court, you should reach out to the Rochester probate lawyers at The Law Office of Michael Robinson, P.C. to get an advocate on your side. You can give us a call today. You can also read on to check out some of the Rochester probate resources available to you so you can get a deeper understanding of what’s involved with probate and how the process will unfold
Rochester Probate Resources
The probate process takes place within Rochester at the Surrogate’s Court for Monroe County in the 7th Judicial District.
The best resource to find out about probate is the Surrogate Court’s website. The site provides details about who presides over probate, how it works, and where the court is located. The Surrogate’s Court can be found at 99 Exchange Blvd. It’s found within the Hall of Justice on the 5th Floor in Room 541. This is in Rochester, NY 14614. The telephone number is 585-371-3310.
General New York Probate Resources
One of the best resources that you can use to learn about probate in New York state is the website of the New York Unified Court System. This website offers an overview of the probate process in the state of New York, as well as details on the Surrogate Courts in the state that preside over probate proceedings.
Finding information online can be helpful to better understand the probate process, but there is no substitute for legal advice that is specific to your situation. That’s why it is important to contact The Law Office of Michael Robinson, P.C. for help if you need to go through probate.
Estate Tax Resources
One of the key reasons why probate is so complicated for many people is because there are not just legal issues to address, but also tax issues as well. This can mean fling forms with state and federal taxing authorities. The executor of an estate typically has the responsibility to handle tax issues, which is another reason that being represented by a Rochester probate lawyer is helpful.
You not only need to understand tax forms that must be filed, but you also need to understand when and how taxes must be paid. In particular, estate tax could be triggered by the passage of wealth if the estate exceeds a certain value and money and property are transferring to someone other than a spouse.
To find out more about estate tax issues that could affect you, you can take advantage of these helpful resources:
- The New York Department of Taxation and Finance: This website provides information on which estates are taxed in New York and how estate tax works within the state.
- The IRS estate tax website: This website details when estate tax is charged at the federal level and how you can determine if your estate will have to pay taxes and in what amount.
Because estate tax can result in a large amount of estate assets being diverted from heirs or beneficiaries to taxing authorities, many people want to make estate tax avoidance or reduction a key part of their estate plan. The good news is, The Law Office of Michael Robinson, P.C. can help you to explore ways to minimize the tax your estate must pay or even to avoid estate tax altogether.
Estate tax reduction steps need to be taken when the person whose assets are being transferred is alive and well enough to implement the right legal process, so it is important to make advanced plans to protect wealth if you suspect your estate could be taxed upon your death.
The Law Office of Michael Robinson, P.C. will work with you to determine if you’ll owe taxes and to take steps to protect your wealth if you likely will.
Getting Help From Rochester Probate Lawyers
Rochester probate lawyers at The Law Office of Michael Robinson, P.C. can take over the technical aspects of the probate process for you so you can rest assured your duties are being fulfilled and so you can work on grieving for your lost loved one or caring for your incapacitated family member.
Just give us a call to find out more about how our firm can assist with all legal issues that arise during proceedings for a guardian or conservator to be appointed or how our firm can assist with the legal issues that arise when the affairs of a deceased person are being wound up in probate court.
You can join us for a free seminar to learn more about the general probate resources we provide, or can give us a call at 585-374-5210 or contact us online whenever you are ready for personalized help and advice.