Estate Settlement Lawyer
Understanding Probate & Estate Administration
What is Probate?
Probate is the court-supervised process of verifying a will and distributing a deceased person’s assets. The executor, appointed in the will, is responsible for:
✔ Paying debts, taxes, and financial obligations of the estate.
✔ Identifying and distributing assets to heirs and beneficiaries.
✔ Managing legal challenges that may arise.
What If There Is No Will?
If a person dies without a will (intestate), the court appoints an estate administrator to distribute assets according to New York intestacy laws. The administrator’s responsibilities include:
✔ Locating and identifying heirs legally entitled to the estate.
✔ Settling outstanding debts and taxes owed by the estate.
✔ Transferring financial accounts, real estate, and other property in accordance with state law.
At Cormac McEnery Law Firm, we assist families with both probate and intestate estate administration, ensuring a smooth and legally sound process.
Challenges Executors & Administrators Face
1. Missing or Disorganized Estate Documents
Probate can be delayed if the will, financial records, or asset documents are missing. We help locate, organize, and verify estate records to prevent unnecessary setbacks.
2. Will Contests & Beneficiary Disputes
Disagreements over a will’s validity or inheritance rights can lead to litigation. Our firm represents executors, beneficiaries, and heirs in estate disputes, ensuring fair outcomes.
3. Outstanding Debts & Creditor Claims
Before distributing assets, an estate must settle debts and financial liabilities. We help evaluate and resolve creditor claims to protect the estate’s value.
4. Family Disputes & Litigation Risks
Conflicts among heirs can cause legal delays and emotional stress. Our attorneys serve as neutral legal advocates, working to mediate disputes and prevent unnecessary litigation.
5. Real Estate & Asset Transfers
Probate-related property transfers require court approval and proper documentation. We handle all aspects of real estate sales, title transfers, and estate property management.
Your Questions Answered
What is the purpose of probate?
Probate ensures that a deceased person’s assets are legally transferred while settling outstanding debts and taxes.
How long does probate take in New York?
The length of probate depends on estate complexity, court schedules, and potential disputes. Some cases take a few months, while contested estates may take over a year.
Do all estates have to go through probate?
Not always. Assets held in trusts, jointly owned accounts, or designated beneficiary plans can bypass probate. Our attorneys help determine if probate is necessary.
What are the responsibilities of an executor?
Executors are responsible for:
✔ Filing the will in court.
✔ Managing estate assets.
✔ Paying outstanding debts and taxes.
✔ Distributing assets to beneficiaries.
Our legal team ensures executors fulfill their duties correctly and efficiently.
How much does probate cost?
Probate expenses vary based on estate size, court fees, and legal services. We provide transparent pricing and upfront fee estimates.
Can probate be avoided?
Yes. Estate planning tools like living trusts, beneficiary designations, and joint ownership can help bypass probate. We assist clients in developing probate-avoidance strategies.
Who is responsible for unpaid debts if the estate runs out of money?
Estate debts are paid from available assets based on legal priority. Heirs are not personally responsible unless they co-signed or guaranteed a debt.
Take Control of Your Future – Schedule a Consultation Today
A well-structured estate plan safeguards your assets, home, and loved ones from unnecessary legal challenges. Without one, your family may face stressful financial and legal obstacles after your passing.
