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Probate Attorney
Experienced New York Probate Attorney
While everyone understands the concept of inheritance, few are aware of the legal requirements and complex court proceedings for releasing and distributing assets. So, when a loved one passes, it’s natural to feel confused and a little overwhelmed. Fortunately, the Cormac McEnery Law Firm is available to help. Drawing on more than 40 years of experience, Mr. McEnery manages your probate proceedings or estate administration reliably. He also maintains the highest standards for client service, so he communicates frequently, letting you know where the estate stands at every phase of the process. When you engage our law firm, we work diligently to settle your loved ones’ estate ethically, swiftly and cost-effectively.
Understanding The Difference Between Probate & Estate Administration
In New York, there are two processes for settling a decedent’s estate. If the decedent left a will, the surrogate court probates the will, meaning that it rules on the will’s validity and approves an executor to settle debts and distribute assets according to the terms of the will. At the Cormac McEnery Law Firm, we provide expert guidance throughout this process, ensuring that the estate is handled efficiently and in accordance with the decedent’s wishes. We typically advise that a family member or close friend be appointed as the executor, rather than serving in that role ourselves.
When a person dies without a will, i.e. intestate, the surrogate court must approve an estate administrator whom the known heirs select. The administrator has several duties to fulfill:
- Settle creditor claims against the estate
- Collect any debts owed to the decedent
- Locate beneficiaries
- Settle all federal, state and estate taxes the estate owes
- Administer guardianships for minor children and dependent adults
- Execute deed transfers of real estate
- Mediate disputes among beneficiaries
When selecting an estate planning attorney to administer your loved ones’ estate, you should consider that person’s experience, reputation for integrity and the ease with which the attorney communicates, giving you the answers you need.
Overcoming Obstacles To A Timely Estate Settlement
The goal of probate and estate administration is to settle the decedent’s estate while avoiding unnecessary delays and expenses that eat away at the estate’s value. Since no two estates are identical, it’s impossible to say with certainty how long the process might take. Factors that delay settlement include:
- Lack of organization within the decedent’s estate
- Litigation with the estate’s creditors and debtors
- In-fighting among family members
- Will contests from disappointed heirs
Our firm understands that heirs often depend on assets that are frozen during proceedings, so we work diligently to overcome any impediments to settlement. For thorough, ethical probate and estate administration, contact our law firm.
Experienced Counsel
Mr. McEnery has practiced law for more than 40 years. A noted authority on elder law and estate planning, he teaches Continuing Legal Education (CLE) courses for practicing attorneys.
Personalized Service
While our firm is amiable and relaxed when interacting with clients, we maintain a high level of professionalism. Phone calls and emails are returned promptly, and clients are copied on all correspondence and kept fully informed throughout the legal process.
Ethical Representation
The responsibility of representing clients, especially when they are elderly or in declining health, is something Mr. McEnery takes very seriously. Our firm maintains the highest ethical standards while working earnestly for our clients’ best interests.
Knowledgeable and Helpful Support Staff
The importance of experienced and dedicated paralegals cannot be overstated. Our practice benefits from friendly, highly professional paralegals who have been with the firm for decades and are heavily invested in our clients and their families.
Why choose us ?
Navigating probate can be challenging, but with the right legal guidance, you can avoid common pitfalls and delays. At Cormac McEnery Law, we’re committed to providing compassionate, clear, and thorough probate support tailored to your needs. Our attorneys bring decades of experience in probate law, guiding families and executors with care, patience, and expertise. We’re here to ensure the probate process is as smooth and stress-free as possible, allowing you to focus on honoring your loved one’s legacy.
FAQs
1. What is the purpose of probate?
Probate ensures a deceased person’s assets are distributed according to their will (or state law if no will exists), debts are paid, and beneficiaries receive their inheritance fairly. It provides a legal framework for estate settlement.
2. How long does the probate process take?
Probate timelines vary based on the complexity of the estate, the presence of any disputes, and state-specific procedures. It can take anywhere from a few months to over a year. We work to expedite the process wherever possible.
3. Do all estates need to go through probate?
Not all estates require probate. Assets held in trusts, jointly owned property, or those with designated beneficiaries (such as life insurance) often bypass probate. We can help determine if probate is necessary for your loved one’s estate.
4. What are the responsibilities of an executor?
An executor manages the estate’s settlement, including filing the will, inventorying assets, paying debts, and distributing assets to beneficiaries. We offer support to executors to ensure they meet these obligations correctly.
5. How much does probate cost?
Probate costs vary depending on factors such as court fees, estate size, and legal services required. Our firm offers transparent pricing and can discuss estimated costs during your consultation to help you plan accordingly.
6. Can probate be avoided?
Yes, there are estate planning strategies to avoid probate, such as setting up trusts, joint ownership, and beneficiary designations. If avoiding probate is a priority, we can help create an estate plan to minimize or eliminate the need for it.
7. What happens if a will is contested?
If a will is contested, the court must review and rule on its validity. Common grounds for contesting a will include undue influence, lack of capacity, or improper execution. We represent clients in will contests to protect their rights.
8. Who pays for debts if the estate has insufficient assets?
If an estate cannot cover its debts, creditors are generally paid based on priority, and beneficiaries may receive a reduced inheritance. However, family members are not usually responsible for unpaid debts unless they co-signed or guaranteed them.