Probate And Estate Planning FAQ

What Happens When A Person With No Immediate Family Dies Without A Will?

New York probate laws consider this a “kinship” case. The county public administrator will administer, or distribute, the estate of the deceased to beneficiaries who may include aunts, uncles and cousins of the deceased person.

Do I Need An Attorney To Probate My Loved One’s Estate?

Probating your loved one’s estate can be difficult to properly complete without the help of an experienced probate and estate administration attorney. It is an emotional time for your family. Grieving the loss can make it challenging to search for a will, locate and notify heirs and beneficiaries, accurately inventory the estate, complete and file the court documents, notify creditors, file the estate’s final taxes and finally, distribute your loved one’s estate.

What If Our Family Does Not Want To Keep The House?

It is imperative to work with an experienced probate and estate administration attorney when it comes to determining who gets the house after your loved one dies. New York probate and real estate statutes are complex. If the home is to be sold, a real estate attorney will be required for the process to be completed.

What Does A Real Estate Attorney Handle In Probate And Estate Administration?

Generally, a good real estate attorney will conduct an in-depth title search of the property to ensure it is free of encumbrance such as liens and to reveal previously undisclosed covenants or easements that run with the property. A real estate attorney may draft documents, secure financing, review mortgage terms, negotiate with other parties on your behalf, ensure payment is correctly allocated through escrow accounts, and answer your questions and concerns at the closing meeting. At Joseph N. Yamaner and Associates, our probate and estate administration attorneys do that and more. Call 718-361-1818 today for an appointment.

What Is Elder Law?

Elder law is the term used for a wide range of legal issues aging senior citizens and their families address, including, but not limited to, probate and estate administration, estate planning, establishing a trust or a will, advance health care directives, guardianship and conservatorships, housing transitions for health care purposes, and long-term care for persons with disabilities and veterans.