Probate / Estate Management
Our attorneys regularly assists clients in the probate process. When a loved one passes away, his or her estate often goes through a court-managed process called probate or estate administration where the assets of the deceased are managed and distributed. If your loved-one owned his or her assets through a well drafted and properly funded living trust, it is likely that no court-managed administration is necessary, though the successor trustee needs to administer the distribution of the deceased's assets. The length of time needed to complete the probate of an estate depends on the size and complexity of the estate and the local rules and schedule of the probate court.
Every probate estate is unique, but most involve the following steps:
- Filing of a petition with the proper probate court.
- Notice to heirs under the Will or to statutory heirs (if no Will exists).
- Petition to appoint Executor (in the case of a Will) or Administrator for the estate.
- Inventory and appraisal of estate assets by Executor/Administrator.
- Payment of estate debt to rightful creditors.
- Sale of estate assets.
- Payment of estate taxes, if applicable.
- Final distribution of assets to heirs.
- Acting Executor.
For assistance with the probate process and Estate Management, contact Kenneth Kirschenbaum at (516) 747-6700 x. 301 or Ken@Kirschenbaumesq.com or Rachel Weinrib at (516) 747-6700 x. 317 or RWeinrib@Kirschenbaumesq.com.
- The Value of Legal Services in Probate - Probate Proceeding, Will of ARTHUR M. HAYES
- Preliminary Letters Testamentary- In the Matter of the Estate of Eitan Haber, Deceased.
- Doctrine of Revocation-In the Matter of the Probate Proceeding of the Last Will and Testament of JOHN FARRELL A/K/A JOHN JOSEPH FARRELL, SR., Deceased.
- The Ancient Document Rule of Evidence- In the Matter of the Probate Proceeding of the Last Will and Testament of LEE T. STRICKLAND A/K/A LEE THOMAS STRICKLAND, Deceased.
- Undue Influence-In the Matter of Joseph Anella, Deceased. Louise Anella Bartelli, Respondent; Joseph Anella, Jr., Appellant
- Estate Taxes and Apportionment-In the Matter of the Construction of in the Last Will and Testament of Sarah Sued, a/k/a SALLY SARAH SUED, a/k/a SALLY SUED, Deceased.
- Motion to Vacate Waiver and Consent to Probate-In the Matter of Estate of Adrienne Bono, Deceased.
- In Personam Jurisdiction in a Probate Proceeding-ESTATE OF TONY SHANOK, a/k/a TESSIE SHANOK, Deceased
- In the Matter of Max Crane, deceased. Alan M. Crane, respondent
- "Deceiving the Decedent"-In the Matter of Jacob H. Rottkamp, Deceased
- Bills of Particulars in Contested Probate Proceedings:Estate of Jennie Krzyck, also known as JENNIE M. KRZYCK, also known as JENNIE M. MAIO, also known as JENNIE MAIO
- The Decedent's Intent-The Construction Proceeding of the Will of KENNETH D. LYNCH, a/k/a KENNETH LYNCH
- A Will Proponent's Evidentiary Burden-In the Matter of the Estate of Stewart Joules
- Disclosure and Documents Relating to Decedent's Affairs-Probate Proceeding, Estate of Ernest Chiriacka
- The Disqualification of Attorneys in a Probate Proceeding-In the Matter of the Probate of the Last Will and Testament of Joseph N. Canigiani
- The Decedent's Domicile-Probate Proceeding, Will of Mary Susan Wayne
- Estate Payout Denied as Per Divorce Settlement - Probate Proceeding, Will of Dasrat Dindiyal
- Lost Will? In the Matter of the Probate Proceeding, Will of Josephine Brucato
- Proper transfer of funds in probate? Kuncman v. American Portfolios Financial Services, Inc. Estate of Abraham Salomon