jwagnerlegal

Lawyers for Civil Suits Brooklyn NY

jimmy013@gmail.com (Jimmy Wagner) — Sun, 07 Mar 2021 01:46:00 GMT

Lawyers for Civil Suits Brooklyn NY - Call now for a free consultation 1-929-477-8889

In the year 2021, most people will resolve their disputes one of two ways, amongst themselves or they will look to a Court to resolve the dispute. A civil lawsuit is the mechanism by which person A can resolve any type of dispute they have with person B. Lawyers serving Brooklyn handle these cases all the time. Civil litigation lawyers serving Brooklyn work day in and day out assisting their clients resolve all type of civil lawsuit disputes. Civil litigation disputes include but are not limited to personal injury, family law, commercial litigation, real estate, residential real estate, and many other areas of the law. Lawyers serving Brooklyn see these types of cases and many other cases. One area civil litigation attorneys traditionally do not practice law in is criminal defense. Criminal defense is not a civil lawsuit for civil litigation attorneys. The reason why criminal defense is not for civil litigation lawyers is because the Petitioner in criminal defense cases is usually the government. Lawyers serving Brooklyn, know a criminal defense case could evolve into a civil litigation case where you would need civil litigation lawyers, but civil litigation lawyers cover most other practice areas excluding criminal defense.

When speaking to a civil litigation lawyers serving Brooklyn inquire about a free consultation from the law firm. A law office of lawyers serving Brooklyn should offer a free consultation where the law offices and the civil litigation lawyers can determine what type of civil litigation case the client is presenting. lawyers serving Brooklyn know a civil litigation case can be a personal injury matter, a family law matter, residential real estate matter, commercial litigation, or a real estate matter. Civil litigation lawyers will know how to approach each type of case and the law firm practicing in this area of the law. Selecting the proper litigation attorney can make all the difference in the world and lawyers serving Brooklyn know this and will work with the client to resolve the issues.

Another are of the law that civil litigation lawyers serving Brooklyn handle is civil right law, and you will need civil rights lawyers. A civil rights lawyer and their law firm will commence civil litigation with their litigation lawyers when the a person's civil rights have been violated. Civil rights lawyers will determine if a persons civil rights have been violated and who violated the civil rights. Civil rights lawyers are a specialized lawyers serving Brooklyn and law firm practicing civil litigation. Litigation lawyers who handle civil right case are unique civil litigation lawyers. Civil litigation lawyers in New York City or civil litigation lawyers serving Brooklyn all have one common goal in mind, they want to win the case for their clients. In doesn't matter if the it is civil rights lawyers or civil litigation lawyers the primary goal is winning the case for their clients. It does not matter the practice areas in New York City, whether it is family law, personal injury, real estate, residential real estate, litigation lawyers involved in civil litigation will know the inner workings of New York City civil litigation lawyers.

Any law firm practicing with civil rights lawyers or a law firm practicing with lawyers serving Brooklyn, will provide a free consultation so the civil litigation lawyers can assess the merits of the case. In assessing the merits of the case the civil litigation lawyers will first have to determine what type of civil litigation case you are involved with whether or not civil rights lawyers will ne to be involved. A law firm practicing in personal injury will first assess the damages or liability of the client. Law Offices engaged in commercial litigation will first have to determine the rights of the parties involved. Civil rights lawyers will first determine if the law firm should be handling the case or even if there is a case. A law firm trying to determine if there is a case will have to do some research. Sometimes this research goers beyond the free consultation. A law office can not always determine if a client has a potential case or potential defense just at the free consultation. It is not outlandish or wrong for the civil litigation lawyers to requesting additional time to make a determination on your case. If you are someone who has been injured you should not pay the civil rights lawyers any money out of pocket. However, if you are a defendant you may have to pay the law office and the civil rights lawyers money upfront to conduct their investigation that will go beyond the free consultation.

A New York City Law firm involved in civil litigation will use the resources of their law office and law firm to guarantee the right civil litigation lawyers are working on the case. The lawyers serving Brooklyn will work on Brooklyn cases. The New York City law firm will handle the New York City cases. Civil rights lawyers will handle civil rights lawyers cases. Civil litigation lawyers will handle civil litigation lawyers cases.

Civil litigation lawyers require a relationship with their clients based totally on trust and confidence of the civil litigation lawyers relationship with their client. If the civil litigation lawyers and their clients do not have a completely open relationship it can end in disaster for the everyone. There is nothing more hurtful to a civil litigation lawyers and the client's case then a surprise at trial because the client was not truthful with the civil litigation lawyers.

Lawyers serving Brooklyn know that in the confines of their law office the free consultation is the great equalizer among the civil litigation lawyers and the potential clients. It is at the total confidential and free consultation where all the cards are put on the table. Lawyers serving Brooklyn know that a law office is needed to provide the client will a level of comfort to assist the lawyers serving Brooklyn into determining whether this is the right law office for a client or if the client should look for others lawyers serving Brooklyn to handle their cases.

Elder Law Attorney Brooklyn NY

Sun, 07 Mar 2021 01:21:25 GMT

Elder Law Attorney Brooklyn NY

Protecting our senior community is the ultimate goal of an elder law attorney, and it encompasses more than you'd think - from estate planning to medicaid planning and other long-term care. It is crucial that a senior creates and understands their estate plan, and a good estate planning attorney will do just that. Our seniors are a valuable resource to the community and should be treated as such.

There are many legal practice areas, but an elder law lawyer - in this case, serving Brooklyn - will most likely be a member of the Brooklyn Bar Association. Just as a Staten Island attorney should be recognized by their local colleagues, there is a Richmond County Bar Association they should be registered with. Elder law serving Brooklyn is my niche, and I am honored to help my clients develop a solid estate plan.

Not all real estate lawyers are elder law lawyers, and this distinction in practice areas is very clear to an estate planning attorney. While a typical real estate lawyer will understand the nuances of real estate law and specialize in these practice areas, an estate planning attorney will also be well-versed in elder law, health care, elder care, and estate planning. Whether it is an individual elder law lawyer or an estate planning law group, estate planning and elder law should be their top priority.

Elder care attorneys all know that no one wants to be in a nursing home and the attorney will work with the client, the family, and the doctors to do everything in their power to bring their loved one home from the nursing home or prevent the loved one from being placed in a nursing home to begin with. However, in some scenarios there is no option. In those instance, I can assist the client and the family in making sure their loved one does not suffer and gets the best care available. When a loved one has fallen ill, I always tell the family to hope for the best but prepare for the worst. When a family is going through these trying times they will need a trusted attorney to handle their affairs.

I remember an instance wherein I met with clients under a free consultation and provided those clients with an excellent estate plan under elder law common practice. The clients went on to meet with other elder law lawyers but in the end attempted to engage in Medicaid planning and elder law themselves. It was the wrong thing to try to navigate the elder law without any elder law lawyers. The elder law lawyers serving Brooklyn will provide a free consultation and thereafter the free consultation clients should have a clear idea of what the elder law lawyers can do for them. I remember when those clients had come back and explained what had happened, I worked with them as would any elder law lawyers would work with them to fix their concerns. This family lost some money but in the end I provided a second free consultation and provided a plan that just not any elder law lawyers could create and produced great results for the client.

Elder law lawyers serving Brooklyn have to deal with some of the most confidential and difficult scenarios. Everything the client tells the elder law lawyers from free consultation until the grave is considered confidential information. Elder law lawyers serving Brooklyn have all dealt with extremely sensitive estate planning and medicaid planning issues, The elder law lawyers have dealt with sensitive health care, long term care, and elder care issues. Elder law lawyers serving Brooklyn will have heard it all.

Any elder law attorney or law group serving Brooklyn should offer a free consultation, and some knowledge of forming an estate plan should be provided so that a client can determine if the estate plan is heading in the right direction. As an elder law attorney serving Brooklyn, I am offering this free consultation so that you can feel comfortable in choosing me. You may use this free consultation to help you feel comfortable in your choice.

I am proud to say that serving Brooklyn seniors is my top priority and elder law is my niche. If you'd like to receive a free elder law consultation please contact me so that we may schedule one right away. You can call directly to schedule an appointment, email me to discuss your concerns, or make an appoint directly to see me right on this calendar link .

It is never too soon to start estate planning or dealing with elder law issues, so call me now to schedule your free consultation at 1-929-477-8889.

Thank you.

Real Estate Attorney Brooklyn

jimmy013@gmail.com (Jimmy Wagner) — Sat, 20 Feb 2021 19:31:28 GMT

Call now or use the website to schedule a free consultation for your real estate transaction.

Real estate lawyers know real estate law. Real estate lawyers will know New York real estate, a real estate lawyer like myself will have offices in Brooklyn, serving Brooklyn. Many real estate lawyers serving Brooklyn also handle personal injury cases and/or estate planning cases. In addition, many real estate lawyers serving Brooklyn will provide a free consultation where the real estate attorney can discuss with the client their legal needs and real estate law.

Disregard real estate lawyers who use self serving attorney ratings. I would recommend an attorney's google reviews to determine if a real estate attorney is any good and if they know real estate law. Most real estate lawyers know attorney ratings are self promotion within the industry and do not let a client know how the lawyer will actually handle their matter or if the real estate lawyers knows real estate law. The best thing for a prospective client to do is take advantage of the free consultation of the real estate lawyers law firm and make their own determination if the attorney ratings are accurate or not.

In New York real estate, the free consultation is offered by almost by all real estate lawyers serving Brooklyn. New York real estate is famous worldwide and one of the most competitive commercial real estate markets in the world. In the New York metro area I would recommend selecting a real estate attorney serving Brooklyn, whether or not they handle personal injury or estate planning. Real estate lawyers who know real estate law and handle personal injury and estate planning help to keep everything under one law firm roof.

Three factors you must remember when considering real estate lawyers serving Brooklyn; where is the law firm? Is the law firm located in the are you are looking to buy? Are the real estate lawyers you are considering the right real estate lawyers for real estate? Are they commercial real estate lawyers or residential real estate lawyers, co-op real estate lawyers or condominium real estate lawyers. Real estate lawyers serving Brooklyn are familiar with the ins and outs of Brooklyn. Knowing real estate law is the real estate lawyers job and those lawyers serving Brooklyn know Brooklyn real estate and real estate lawyers to ensure a smooth transaction

The second factor to consider when considering real estate lawyers serving Brooklyn is the reputation of the law firm or the real estate lawyers. Is the law firm or the real estate lawyers known within the real estate industry of those real estate attorneys serving Brooklyn. Every law firm serving Brooklyn has a reputation. I would recommend just check google and see what the customers are saying.

The third factor to consider when selecting a law firm and their real estate lawyers are their fees. A straight residential real estate transaction should always include a free consultation. A free consultation can assist you in selecting a law firm, and helping you figure out the other two factors. Is the law firm serving Brooklyn? Are the real estate lawyers ones you can work with? Does the law firm offer a free consultation?

Real estate lawyers are dedicated to real estate law. A free consultation is the starting point but understanding real estate law is what a real estate attorney should know. In New York only the most proficient real estate attorney, law firm, and real estate lawyers will properly handle the work. Call my office, schedule an appointment to discuss your real estate lawyer requirements. Good Luck.

Real Estate Lawyer Brooklyn

jimmy013@gmail.com (Jimmy Wagner) — Sat, 16 Jan 2021 01:34:09 GMT

Real Estate Lawyer Brooklyn

Elder Law Attorney NYC

jimmy013@gmail.com (Jimmy Wagner) — Sat, 16 Jan 2021 00:28:16 GMT

Elder Law Attorney NYC

The American population is steadily growing older. According to a 2018 U.S. Census Bureau report , there will be more Americans aged 65 and older by 2035 than there are people younger than 18. Therefore knowing an estate planning attorney whose law office is familiar with elder law, long-term care, pooled income trust, and nursing homes is necessary.

As people age and become senior citizens, having an estate plan and discussing estate administration is necessary. You should visit a New York elder care attorney law office, to discuss real estate, estate planning, New York elder law, pooled income trust, Medicaid planning, with a New York estate planning attorney. they typically enter a more vulnerable position in society. Often, if a person will be properly protected and have all they need to enjoy their sunset years, there will be a need for due planning and proper legal advice.

The branch of law that regulates how older Americans organize their affairs, receive care, and the rights that accrue to them, is called elder law. This is not a single enactment or statute though. When dealing with elder care, estate planning, and the issues that effect their real estate, Medicaid planning, health care, and pooled income trust you need a law office that works with elder care and an estate planning attorney. Elder care law covers several laws relating to the disposition of property, and even the person, of older Americans, including issues such as healthcare, estate planning, real estate, estate administration, Medicaid planning, .and a complete estate plan.

What is Elder Law?

Elder Law largely describes the operation and practice of laws pertaining to the elderly population. And, no, it isn’t just about making wills it is a lot broader today than in previous decades, as it now covers many different facets of the lives of senior citizens. Because Elder Law focuses on legal issues you deal with as you grow older, it includes the estate planning, pooled income trust, Medicaid planning, and estate administration:

Wills,
Trusts,
Powers of Attorney,
Healthcare Proxies,
Inter vivos (or Living) wills
long-term care
nursing homes

But if this was the entire scope of Elder Law, it wouldn’t be much different from Estate planning. An elder care attorney and their law office will take several steps further to commit to age-related legal issues faced by older people.

Therefore, while it includes regular estate planning, it also incorporates planning and execution of legal issues that protect and cater for the old and aging – while they are still alive. This generally includes:

Medicaid
Protection of assets
Elder neglect and abuse
Guardianship or Conservatorship Proceedings
Social security
Employment
Long-term care
End-of-life planning
Palliative, Hospice or Home care
Insurance and Financial matters

So, you see that elder law attorneys and professionals take more than a step further. The goal is to understand the issues facing senior citizens and help them navigate the complex legal systems set up for the elderly.

The Scope of New York elder attorney estate planning

With wills , your wishes for how you want your assets and personal items handled after death are recorded. Elder law attorneys can help you draft a will.

With Trusts, you can avoid probate and have your assets automatically pass to your beneficiaries, saving them from having to confront the complicated probate process that begins after death. Elder law attorneys can help you draft a trust. A trust can also assist a New York Elder law attorney with trust estate administration and a pooled income trust.

Part of your estate plan should be durable Power of Attorney (POA) lets you choose someone to handle your financial affairs should you become physically disabled or mentally incapable;

The last part of your plan is the Health Care Proxy allows you to appoint a person of your choice to make health care decisions for you in the event you can no longer make such decisions for yourself. Elder law attorneys can help you draft a POA and HCP.

Some of the most common services incorporated in Elder law practice are also briefly discussed below.

Elder Employment

According to a recent AARP report , many people work well into their 70s. While many offices value older workers’ skills, others treat them poorly. About two-thirds of older employees face age discrimination on the job.

This should not be so. In addition to the Age Discrimination in Employment Act of 1967 (ADEA), age discrimination is illegal under most state laws. An experienced Elder Law attorney can help challenge acts amounting to age discrimination in the courts, and help you obtain relief.

Elder Neglect and Abuse

Although most elders receive great care, some suffer unjustifiable harm at the hands of those responsible for their health and safety. It may be physical, psychological, emotional or exploitative(financial).

A New York Elder Law attorney and professional can help take legal action to stop the abuse, and explore several options for remedy.

Avoid possible complications. Speak to our Attorney today

Because it is a complex and evolving field, hiring a skilled attorney is the best way to avoid possible complications. New York attorney, Jimmy Wagner, has decades of experience protecting and stretching their clients’ assets.

You should discuss your concerns, if there are any, with our experienced New York Estate attorney and Estate planning attorney Jimmy Wagner.

Probate Court Brooklyn NY

jimmy013@gmail.com (Jimmy Wagner) — Thu, 14 Jan 2021 03:52:25 GMT

Probate Court Brooklyn, NY - By Jimmy Wagner - Contact me now for a free Consultation

Probate Court Brooklyn, NY - By Jimmy Wagner - Contact me now for a free Consultation - 718-288-2048

Kings County Probate Court cases in Brooklyn are heard in Kings County Surrogate's Court. The Kings County Surrogate's Court is located at 2 Johnson Street Brooklyn, NY 11201. The chief clerk Doreen A. Quinn runs the day to day administration operations. To call chief clerk Doreen A. Quinn dial 347-404-9700 administration in kings. In addition, call clerk Doreen Quinn 347-404-9700, as she can assist you with the e-filing directions chief. In Brooklyn, Surrogate's Court has two sitting Surrogate's Court Judges. The two Surrogate's Court Judges are the Honorable Margarita Lopez Torres and the Honorable Harriet L. Thompson. In my practice of law in Kings County Surrogate Court I have had the opportunity to appear in front of both surrogate court judges, Honorable Margarita Lopez Torres is the Kings County Surrogate and Honorable Harriet L. Thompson is the Kings County Surrogate. Even if I am not in front of the Honorable Margarita Lopez Torres or the Honorable Harriet l. Thompson, I have spent numerous hours in kings county surrogate court located at 2 Johnson Street Brooklyn, NY 11201 looking through files dealing with the clerks, or doing genealogical searches. Kings County Surrogate courthouse has very strict privacy policy contact rules and attorneys are not allowed to appear on your behalf in court without the proper documentation.

A Kings County Surrogate is elected for a term of ten years. A Kings County Surrogate judge handles cases primarily involved in the probate of wills and the administration of estates. However, under those headings the Kings County Surrogate Court has the ability and authority to hear many other issues. The surrogate's judge and court hears cases involving adoptions, Article 17 guardianships, open safe deposit boxes and any and all legal matters you would imagine a Surrogate's Court judge to hear. It is located at 2 Johnson street Brooklyn NY and is established to hear cases involving the affairs of those who died. The court hears cases involving the probate of wills, administration of estate, trust proceedings. New York City surrogate courts are found in every borough. One of the first and primary petitions brought in Kings County Surrogate Court is one to open safe deposit box but the privacy policy contact tile apply. An attorney must be formally engaged before they can assist a prospective client with a probate issue.

The Honorable Harriet L. Thompson is one of the two Kings County Surrogate court Judges. I have had the pleasure of handling complicated cases in front of Judge Harriet L. Thompson and I found the judge to be very well versed in the Surrogate's law and many other intertwined areas of the law. All Kings County Surrogate judges have to be well versed in the law but Judge Harriet L. Thompson was all very well versed in practical common sense. I think part of common sense aspect of Judge Harriet L. Thompson mannerisms comes from the fact she was an attorney in private practice. The Honorable Harriet L. Thompson can cut through the legal nonsense, legal fluff, and whatever other legal tomfoolery attorneys come up with and get right to the important legal issues on a matter. A Kings County Surrogate Court judge hears cases involving many disputes that stretches across many different areas of the law. There was one case which I worked on where Judge Harriet L. Thompson was the residing kings county surrogate court judge. This case was a case that was heavily adversarial, where the attorneys, clients, and court attorneys all worked very hard but could not make any real progress. After numerous conferences, Judge Harriet L. Thompson ordered a conference to be conducted by herself, the kings county surrogate. I was thoroughly impressed that, Judge Harriet L. Thompson made a concerted effort to bring all parties to the table. the kings county surrogate. Judge Harriet l. Thompson was actively involved in making this conference happen. I do not find many judges in kings county supreme court or New York city surrogate courts who become so hands on with a case. The case involved a very complex real estate transaction and Judge Harriet L. Thompson quickly grasped the estate litigation attorney positions and within 15 minutes formulated a resolution that each of the estate litigation attorney made work for their client. This was quite an achievement as numerous estate litigation attorneys worked on this case for months and were unable to accomplish anything closely resembling a settlement. I am very confident and comfortable as an estate litigation attorney on kings county probate issues when I see a case assigned to Judge Harriet L. Thompson who is a great New York City Surrogate and located at 2 Johnson street Brooklyn new York. At all times in front of the judge privacy policy contact must be maintained and formal representations documents must be filed.

The Honorable Margarita Lopez Torres is the other Kings County Surrogate judge working at 2 Johnson Street Brooklyn, New York. I can say from personal experience the Honorable Margarita Lopez Torres is one of most compassionate New York City surrogate judges. Even I find it hard to have compassion when dealing with an estate litigation attorney on a kings county surrogate case. I have had handled cases in front of the kings county surrogate judge the Honorable Margarita Lopez Torres and fortunately for my clients every matter in from of the Kings County Surrogate was an uncontested matter. However, just because I am not involved as an estate litigation attorney in front of a New York city surrogate does not mean I can not have an opinion about the Kings County Surrogate, the Honorable Margarita Lopez Torres at 2 Johnson street Brooklyn new York. Though I have not had any cases actively litigated with the Honorable Margarita Lopez Torres, I have had the opportunity to hear the judge preside over the cases of another estate litigation attorney and litigants. I think the one common theme that runs through the Honorable Margarita Lopez Torres interactions with the public in her Courtroom is compassion. The compassion exhibited in the Honorable Margarita Lopez Torres court room is not feigned compassion or detached judicial coldness looking at a case as a set of common law findings but instead the Honorable Margarita Lopez Torres exhibits genuine compassion for the people in her Courtroom. The Honorable Margarita Lopez Torres has more patience than two other people combined. Whether the petitioner is a pro-se party looking to open safe deposit box or an experienced estate litigation attorney looking to contest a Last Will and Testament in kings county surrogate the Honorable Margarita Lopez Torres treats everyone with the same respect and compassion at king county surrogate courtroom, located at 2 Johnson street Brooklyn New York. I know when I have a case in front of the Honorable Margarita Lopez Torres I am getting a New York City Surrogate located at 2 Johnson Street Brooklyn, New York that will give everyone a fair chance to be heard by a Kings County Surrogate judge. At all times in front of the judge privacy policy contact must be maintained and formal representations documents must be filed.

When it comes to a New York City Surrogate judges those of us living in Kings County are blessed with two of the best Surrogate Court Judges who work daily at 2 Johnson Street Brooklyn NY and all the staff in the Court house who work under chief clerk Doreen a. Quinn 347-404-9700 administration. I think something everyone needs to keep in mid is what actions should they first consider before they file a probate petition. The first item they need to consider is whether or not the decedent had a last will and testament.

At Kings County Surrogate located at 2 Johnson street Brooklyn New York people can file their Last Will and testament while they are still alive,. There are some people who do not trust to leave their Last Will and Testament in their home, bank , or with a family member, so they file and record the will with Kings County Surrogate. If I had a loved one who died and said they had a will, but I could not locate that Last Will and Testament, I would first check the Kings County Surrogate courthouse at 2 Johnson street Brooklyn New York and see if they have the Last Will and Testament on record. A good person to try and contact for that procedure is clerk Doreen a. Quinn 347-404-9700 administration. In the event the person who passed did not file the Last Will and Testament with kings county surrogate at 2 Johnson Street Brooklyn, NY you have other options. The next place I would look for the Last Will and Testament would be in the bank where the decedent had their account. However, the bank is not just going to answer to you because of privacy policy contact rules, you will have to get the legal authority to open safe deposit box.

At Kings County Surrogate located at 2 Johnson Street Brooklyn New York you can start a petition to open safe deposit box. To start a petition to open the safe deposit box, you will need the following items, the original death certificate and the information at the bank where the decedent held the safety deposit box. Once you have the information you bring it to kings county surrogate building located at 2 Johnson street Brooklyn NY and obtain a sample petition to open safety deposit box. The petition to open a safety deposit box is basic and easy for an estate planning attorney to fill out. In fact, my law firm routinely handles the open safety deposit box petition as a courtesy for the estate representative if the retainer for the estate is fully executed.

UPDATE - because of Covid-19, Kings County Surrogate is restricting peoples in person visits for the filing of a petition to open safe deposit box. Therefore instead of going to king county surrogate building located at 2 Johnson street Brooklyn New York to file an open safe deposit box petition you may wish to consider the e-filing directions chief clerk Quinn posts on the court website. In addition, you may want to consider the privacy policy contact information of the court located at 2 Johnson street Brooklyn New York. Covid-19 has also had an effect on another Kings County Surrogate courthouse and not just to petitions to open safe deposit boxes; Covid-19 has also had an effect on kings county surrogate courthouse on litigation kinship hearings.

Kings county surrogate litigation kinship hearings are a very basic and common hearing found in the kings county surrogate courthouse. Kinship hearings reference who are the heirs at law of the decedent. In litigation kinship hearings in kings county surrogate courthouse a party will be required to prove they are related to the decedent. At the hearings, hearings reference library records, kinship hearings reference formal records, such as birth certificates, marriage certificates, death certificates. I find the hearings very informative and entertaining. Many times the kinship hearings reference a time long forgotten when people travelled by ships and immigrated to new York through Ellis island.

I have been involved in Kings County Surrogate hearings reference library records, the hearings reference library records based on online searches of old books not found anywhere else. You can find out a lot about a family and a person by analyzing old phone books, old neighborhood directories, and voter registrations. Many of these records can only be located in libraries both in person and online.

I worked on a case where we tracked a young widow in the late 1800s from the east coast to the west coast, from large cities to small cities, because she habitually registered with community directories. It was a very exciting journey for a kinship hearing and one we could never have finished without the assistance of the library records. However, libraries are not the only place to find the records you will need in kings county surrogate kinship hearing.

You can find some of the records needed right in the Kings County Surrogate courthouse. The Kings County Surrogate courthouse has in the basement a tremendous repository of old broken records. You can search through estate cards from over one hundred years ago. You can review the files of old estate and relatives of the decedents to determine where a family tree begins and or ends.

One of my favorite cases of all time was a Last Will and Testament contest where i represented a party who was allegedly left out of his father's Last Will and testament. This did not make sense to my client, the decedent's son, and it did not make sense to anyone the decedent knew. I was retained to investigate and contest the last Will and Testament. After a long period of discovery and investigation, we learned that the sister of my client was actually present in the room when the decedent signed the Last Will and Testament leaving everything to the daughter. With further investigation, I was able to prove that the sister had engaged in undue influence on the decedent. Undue influence on the decedent is one of the limited reason to question the validity of a decedent's last Will and Testament. On the eve of trial, after forty eight months of litigation, we settled the case and obtained for my client his entire entitlement to his father's estate under the law.

Every case is different and every set of facts is different, every kings county surrogate is different, whether you have a case before the honorable Margarita Lopez Torres or the honorable Harriet L. Thompson, whether you have a petition to open safe deposit box or requesting a judge hear cases involving litigation kinship hearings, you must remember to always follow the directions chief clerk. Kings county probate is located at 2 Johnson street Brooklyn NY. The chief clerk doreen quinn 347-404-9700 administration can advises you about e-filing directions chief clerk can also inform you about kings county probate and the privacy policy contact, and if the court hears cases involving open safe deposit box in person or virtually.

If you are more interested in learning how Judge Margarita Lopez Torres or Judge Harriet L. Thompson conducts cases in kings county surrogate courthouse, when the Court opens back up you can call Clerk Quinn 347-404-9700 administration and learn what days the Courtrooms is open to the public.

Two Johnson street Brooklyn is an address just about every estate litigation attorney will know. They estate litigation attorney will know the court hears cases about estate disputes. The estate disputes will either be heard by the honorable Margarita Lopez Torress or the honorable Harriet L. Thompson. If have not done so, I recommend you hire an estate litigation attorney. Good Luck.

Probate Lawyer Free Consultation Near Me

jimmy013@gmail.com (Jimmy Wagner) — Wed, 13 Jan 2021 02:53:23 GMT

Probate Lawyer Free Consultation Near Me

Probate law is a small subsection in the law that deals with the estates of decedents, their Last Wills and Testaments, other advanced directives, and the law written about estates. When a person is looking for a law firm that handles probate issues within that law firm the client will probably find planning attorneys familiar with the law, estate disputes, trust litigation, and an attorney who will provide a free consultation. Most estate planning attorneys law firm should offer you a no charge consultation. Under the law the attorney is not required to provide you with free initial consult or meeting, but most attorneys will not charge for the initial meeting with a client. An estate attorney and their law firm can assist with estate planning, an estate plan, probate, and the law. The trust between estate lawyers, estate attorneys, and their clients is essential. Creating a strong estate plan now will help avoid estate disputes, probate disputes, and keep the client within the boundaries of the law.

The law is our governing principle. The idea that you have to pay estate attorneys for the first initial meeting is just not true. There exists no law that says a law firm or their estate attorneys must charge you for a first meeting. The law allows attorneys to charge for the initial meetings but most law firms do not follow this practice. Estate lawyers can hear your estate dispute on estate administration, analyze the law and make a fee arrangement with the client. The probate consultation should be free but every law firm is different, so make sure you check the law firms processes and procedures before scheduling your meeting.

An estate planning attorney will give a no charge consultation with their law firm to help generate and create new attorney client relationships. Probate law requires trust between the attorney and the client. Estate planning, an estate plan, estate administration, estate disputes, and probate law requires estate lawyers and their law firms to provide free consultations to start attorney client relationships on the right foot. Probate estate disputes requires trust between the attorney and the client. Once the probate fee has been set, the the estate attorney and their law firm can engage in estate planning.

Estate planning involves the drafting of advanced directives with an estate attorney. An advanced directive is part of an estate plan. These advanced directives are governed by the law. Knowing the law involved with advanced directives is imperative to proper planning. Planning attorneys can provide a free consultation to determine which advanced directives under the law are best needed for your estate plan. Planning attorneys can analyze the law and apply the law to your estate plan. If further estate planning is required an attorney and the law firm can use the law to resolve and settle most estate disputes. In the limited cases where the law does not offer guidance to the attorney to settle an estate dispute, the attorney can let the Surrogate's Court judge make a decision based on the law.

An attorney who uses the law and their law firm, can craft an estate plan that will survive estate disputes under the law, and law can help an estate be free from the reach of unwanted hands. The law firm can make sure that the family is well protected under the law in the event of the death of a loved one with an estate plan that all law firms will respect and the law will uphold. An attorney who engages is estate planning must be well versed in the law and be prepared to argue the law they use to support their position.

New York State probate disputes are governed by common law and by using the existing law, an attorney can set in motion an estate plan that will survive attacks from attorneys and the law. A law firm with an inhouse estate attorney should be up-to-date with the law and offer a free consultation with their law firm and estate planning attorney to resolve the estate disputes.

However, not every law firm is equipped to handle estate planning and an estate dispute. Probate law requires a law firm you can trust to handle your issues with the law. An attorney at law, who follows the rule of law, will, in my opinion be better at resolving a dispute than an attorney who does not have the trust of his clients and does not follow the law.

In my law firm, the initial meeting is free for the client, the trust established between the attorney and the client is paramount to our relationship, and my knowledge of the law in this area is unquestioned. I am routinely appointed by the Supreme Court as an attorney for parties to help resolve legal issues. Call my office now to discuss your legal concerns and set up a free consultation.

Who pays Probate Attorney Fees?

jimmy013@gmail.com (Jimmy Wagner) — Wed, 30 Dec 2020 16:28:32 GMT

What does New York State law say about paying probate attorney fees? Who actually pays? And what are the considerations that underpin probate attorney fees? Our New York estate attorney explains what you should know.

Who Pays Probate Attorney Fees?

Losing a loved family member is difficult, and having to face the probate process can be downright frustrating. Whether they had a will or not, a probate attorney can make things easier by advising the estate’s executors on how to navigate things legally. In New York, you do not have to hire a probate attorney. But chances are that you will need one to help ease your mind and make the process a lot smoother.

Probate matters are time-consuming all on their own. So, usually what you see in a client seeking legal counsel or representation regarding an estate matter, is concern etched visibly on their features.

A lot of the time, a huge part of that concern is the cost of the proceedings; and this is usually foremost on their minds. Many find it intimidating that with probate lawyers, there is sometimes no price tag in sight. Many other do not even have any idea of what they have to pay in the end.

Of course, much of that concern is sometimes misplaced. It is not all estate proceedings that involve complicated, capital-intensive legal work. Some other cases have limited assets and the legal work is greatly reduced.

Questions still come up regardless. Who pays probate attorney fees? What is the average cost of a probate attorney? Our New York probate and estate attorney explains all you should know.

Why would you need or pay a probate attorney in the first place?

Engaging the services of a Probate attorney could very well be the best decision you ever made. Quite frankly, it should be considered more as an investment and not an expense.

Worthy of mention also is the fact that, generally, probate courts are legally barred from providing you with any legal advice that might help you navigate the confusing maze of a process we call probate administration. Looking to legal aid clinics won’t help you either, as nearly all of them do not offer probate services.

Whether at the early stages, or right in the middle of probate administration, you will need a probate attorney to oversee and assist your duties as a personal representative. A probate attorney may assist in the execution of the decedent’s estate.

If you are instead a beneficiary, and only have questions about the execution and/or validity of a Will or Bequest, you will also need the legal advice of a probate attorney.

A probate attorney may help with distributing assets, satisfying debts, and other affairs that deal with an estate when a person dies. Reasons abound to need the services of a probate attorney, and there are a number of factors to consider when determining who pays probate attorney fees.

Who pays probate attorneys and how?

In New York, the probate attorney hired by a duly appointed executor will have his or her fees paid from the underlying probate estate. But these fees must be approved by the Surrogate's Court. This means it is the estate that pays the probate lawyer’s fee—it doesn’t come out of the executor’s pocket.

On the other hand, those who are contesting the will must generally pay their own legal fees. If you are considering the option of contesting a will, it is best to consult with our experienced New York probate lawyer first. Even if only to ask the question; “who pays probate attorney fees?”.

There are certain exceptions where the estate may pay the probate attorney of another party. However, these circumstances are often strict and do not occur so frequently that you should base your decision to contest the will on their existence. If your circumstances are such that you have a good case to request such fees, your attorney will let you know.

Not to forget, there is a growing number of estate/probate mediators who would have the experience to help both sides come to a resolution--which could cost significantly less money than a Will contest.

If the executor (or their attorney) does not trust your choice for a mediator, suggest both sides find their own mediator (or attorney) and then authorize them to select a third and final mediator.

NY Probate Attorney fees in relation to Wills contests

As we have explained above, probate attorney fees are usually paid from the estate being administered by the executor, and not from the executor’s personal funds. Of course, payment is subject to the approval of the NY Surrogates Court.

If you are both the executor and the only inheritor, then the fee does, in essence, come out of money that’s yours in due time. Otherwise, the cost is taken from the estate before assets are distributed to the people who inherit them.

However, when it comes to legal expenses arising from Will contests, or other probate work not covered under the estate, things can be much different. In this case, the person activating these will contests or such other matters may be personally responsible to pay the costs and legal expenses involved.

These costs usually arise from miscellaneous expenses that arise during a probate or other court proceeding. Including court filing fee, postage, publication of legal notices in the newspaper, property appraisals, and recording fee for real estate deeds. They can add up to a considerable sum, depending on the circumstances.

Concurrently, you may also be charged an official expense for probate work. This may be charged;

By the hour.
By a flat fee,
On a contingent basis (percentage)

For most cases, probate attorneys in New York charge by the hour, ranging from $400 to $800 per hour. On average, the amount in question is usually about $400 per hour, depending on the attorney’s expertise and reputation. Attorneys typically require a retainer deposit of about $5,000 to get started.

For a few types of smaller cases, estate attorneys can charge a flat fee of $3,000 minimum. Usually these are straight-forward cases, and the probate attorney fees are calculated as a flat fee of about 5% of the estate.

For a very limited number of cases, an estate attorney can agree to work on a contingency fee. However, these situations are tightly regulated and may not apply in all cases. Overall, your best bet to understand how a probate attorney will be paid in your case is to speak with an attorney to understand how their fee policy works, and the legal issues you should keep in mind.

Speak to a Probate Attorney today

With attorney fees, when you have to pay them, it is important to realize that paying less can mean paying more. And experience and reputation are worth the premium.

Where you are the executor of an estate in New York, its also important to be aware of costs and monetary issues, and seek insights from an experienced probate lawyer when you lack clarity. This way you can save yourself the trouble that can often come fast on the heels of errors in the probate process

You should discuss your concerns, if there are any, with an experienced probate attorney. Attorney Jimmy Wagner can help with this, and assist you in making the best decisions for the estate. Get in touch with our experienced New York estate attorney today. Contact us at 929-477-8889 for help.

Who Gets Paid First from an Estate

jimmy013@gmail.com (Jimmy Wagner) — Wed, 30 Dec 2020 16:26:54 GMT

Who gets paid first from an Estate

Who Gets Paid First from an Estate?

In deciding who gets paid first from an estate, an estate planning attorney needs to know if the deceased person had an estate plan. If the deceased person had an estate plan, who were the family members, who is the personal representative, is this an estate that will involve probate court and the probate process.

The attorney will work with family members to select a personal representative and collect the estate assets. You may think that family allowances may be permitted because they will be receiving the money anyhow, but this is not always the case. State laws govern who gets paid first and the estate assets determine if personal representative can pay everyone even including family members. Another factor the estate planning attorney must consider is the administrative costs associated with the probate process and the decedent's affairs.

Issues with the order of payments from an estate are common in the probate . Generally, a duly-appointed fiduciary personal representative is vested with the authority to administer the estate. The personal representative is paying creditors, administrative costs, beneficiaries, or expenses, as determined by the state law.

The timing and order of payment must follow the state law, especially where the estate has permitted the personal representative to make family allowances. This is because there are specific laws that apply to the priority of payments from an estate when the estate is legally insolvent. The personal representative must aware of the state law involving debts or the personal representative my find themselves liable for the debts.

In these circumstances, failure to follow what the law says, or the procedures it lays down, may result in avoidable legal liability for the personal representative.

The personal representative must determine if there are sufficient assets before making family allowances.

Generally, those that should be paid first from estate assets are those whose bills were incurred in connection with the funeral and administrative costs of the probate process. If the personal representative is not sure the probate court will assist in distributing estate assets.

Those bills commonly include funeral home fees, court and attorney fees, notice costs, filing fees, estate and income taxes etc.

But, this priority payment is only important if the decedent did not have sufficient funds at death to pay all of the debts against the estate and the costs of the estate. Where the assets in the estate are sufficient to meet all expenses and pay all debts, bills should be paid promptly when received and verified.

In any event, executors should be careful to avoid bad check charges. Verifying these charges will lead to medical debts being paid much later in order, since they may be covered by insurance and would amount to premature payments.

This may also be the case with other outstanding balances and debt, as the decedent may have also maintained insurance to cover them.

Of note also, is the fact that the administrator’s commission is usually taken at the end of the administration process, but the pay may be taken sooner upon application and approval of the Court or upon the consent of all beneficiaries.

Overall, every bill, debt, and expense should ideally be paid as soon as the estate has sufficient funds and the Executor has had an opportunity to determine that the bill is legitimate.

Priority payment is only important if the decedent did not have sufficient funds at death to pay all of the debts against the estate and the expenses of the estate. Where the assets in the estate are sufficient to meet all expenses and pay all debts, bills should be paid promptly when received and verified.

This may also be the case with other outstanding balances and debt, as the decedent may have also maintained insurance to cover them.

Of note also, is the fact that the administrator’s commission is usually taken at the end of the administration process, but may be taken sooner upon application and approval of the Court or upon the consent of all beneficiaries.

Order of Priority for payments for insolvent decedents

According to New York State law, a decedent with insufficient assets to meet all obligations must prioritize and make certain debts before other debts. The priority order in New York is as follows:

Funeral expenses;
C osts of administering the estate (including fees and commissions);
Taxes and other priority payments as specified by law;
Wage claims; and
all other legitimate and unsecured debt.

Payments must be from an Estate Checking Account

To administer things like expenses, sales, and deposits, the personal representative has to open a checking account using the EIN obtained from the IRS and a certified copy of the death certificate, as well as Certificate of Letters Testamentary received from the Court.

All of the debts and expenses should be paid out of the checking account. In practice, the account can be set up at any bank, brokerage or credit union that provides checking account services. But, the personal representative is NOT allowed to move the funds outside of New York State. Consequently, any bank or brokerage firm used by the Executor must be authorized to do business in the State of New York.

Although reimbursement for advances made by the Executor or beneficiaries is generally possible, it is not advised. Accordingly, the payment of expenses wait until the estate account is open with sufficient funds to pay them.

The personal representative owes a duty of care, even where he is also a beneficiary. Therefore discretionary decisions he will make, must be made in the best interests of the decedent.

Knowing and following the proper timing and order of payments will be useful in completing your duties as fiduciary, without incurring legal liability in any form.

If you are serving as a personal representative and need clarity on who should get paid first, it is best to work with an attorney well versed in state law and the probate practice.

What is the Average Fee for an Executor of an Estate?

jimmy013@gmail.com (Jimmy Wagner) — Wed, 30 Dec 2020 16:25:37 GMT

What is the average fee for an executor of an estate?

What does state law and probate court say about how a person can determine executor fees, calculate executor fees, manage probate court, executor compensation, and reasonable compensation? What is the average executor fee in probate court? What is considered reasonable compensation for an executor fee in probate court? Our New York estate attorney tells you what you should know and what to expect about state law in probate court.

What is the Average Executor Fee in Probate Court?

In New York State to determine executor compensation or to calculate executor fees as the probate court will set the executor fees, the personal representative must first determine the total value of the estate. Once the total value of the estate is determined, the executor can calculate the executor fees and determine the executor fees. Probate court traditionally has the last word to determine executor fees. Reasonable compensation and executor fees will be impacted by the estate planning done under state law.

When a person dies and leaves a will, the will must be “admitted” to probate. This is done in probate court. The estate planning done by the decedent is very important to properly determine the executor fees. To determine executor fees one must submit a petition to probate court and only after the Will is admitted to probate, does the person appointed as the personal representative have legal authority to act and reasonable compensation. Where there is no Will, the New York Surrogate’s Court will usually appoint an estate administrator to fill the personal representative role who will all be entitled to reasonable compensation and the formula used to determine executor fees is the same formula used to determine the reasonable compensation of the estate personal representative.

The responsibilities of the personal representative will involve complicated tasks which is why they are paid executor fees and reasonable compensation. Individuals who act as the personal representative can calculate executor fees. State law governs the formula to determine executor fees. Those executor fees are sometimes handled in the estate planning phase when there will be a waiver of executor fees in probate court.

Personal representative of estates can determine executor fees. The personal representative of an estate is entitled to executor fees and reasonable compensation. To determine executor fees one has to calculate executor fees based on the formula provided by probate court. The probate court will grant the executor reasonable compensation or what is considered reasonable compensation. Provided the personal representative has acted in the role the way the probate court expects a personal representative to act. In the event the personal representative does not act in the way the probate expect them to act the executor compensation may be reduced to nothing.

However, probate court strictly regulates executor compensation. What are executors paid on average?

Can executors of estates be paid for their work from probate court?

A personal representative of an estate in New York is generally entitled to receive reasonable compensation for the work they do for probate court.

The fee is usually paid from the estate unless it is waived by the personal representative or the decedent said no fees where to be paid in the estate planning phase. To determine executor fees the probate court must determine the value of the estate.

Executors usually can expect payment after the estate’s bills are paid and before the estate is distributed to the beneficiaries. Also, there is no automatic right to advance payment of commission – executors are usually paid at the conclusion of the estate. However, under New York SCPA 2310 and 2311, the executor can apply to the probate court for the advance payment of commissions.

The amount an executor is paid in New York is set by law, in SCPA 2307

How much an Executor is paid in New York is determined as a percentage of the estate. These percentages also constitute the average in practice, exclusively set and used by the New York Surrogate Court and Probate Court across the state.

Accordingly, it is not necessary to have the testator include a fee term in the Will before the personal representative can be entitled to receive that fee. To calculate executor fees the executor fees are on a sliding scale between 2 and 5% of the total amount of estate money the executor receives and pays out is how you determine executor fees.

Under the Surrogate Court’s Rules, the executor fee is;

5%, where the money total received and paid out does not exceed $100,000,
4%, where the money total received and paid out does not exceed $200,000,
3%, where it does not exceed $700,000,
2.5%, where it does not exceed $4,000,000
2%, for sums exceeding $5,000,000

To calculate executor fees follow this link to determine executor fees in probate court.

It is important to note that how much an personal representative can be paid may be lower than these amounts, or it may be even higher, where the testator sets a fee in the will. As previously mentioned, as a personal representative who is also a beneficiary, you may waive the fees entirely especially since they amount to taxable income, unlike a bequest/distribution.

Where there is more than one personal representative, depending on the size of the estate, the fees are generally to be shared among the executors based on the services rendered by each of them, unless the decedent has specifically provided otherwise in writing.

If the value of the estate is over $100,000 but less than $300,000 each executor (up to 2) is entitled to the full fee allowed to a sole executor. Where they are more than 2, the total fee allowed to 2 fiduciaries must be proportionately shared.

Where the assets exceed $300,000, then each executor (up to 3) is entitled to the full fee allowed to a sole fiduciary. Where there are more than 3 executors, the full fee allowed to 3 fiduciaries must be shared among them proportionately also.

When a personal representative cannot take a fee

A testator can specify in the Will that the named personal representative (or any successors) must waive commissions and reasonable compensation order to be eligible to serve.

But this should only happen where the person named is a beneficiary of the estate or a very close personal friend, because of the time-consuming and stressful nature of a the personal representative work.

Also a personal representative may choose yo not serve as an Executor of an estate unless it is entitled to commissions and reasonable compensation, although an attorney may agree to serve without commissions (or for reduced commissions) or reasonable compensation if the firm will receive legal fees and reasonable compensation for work done during the estate administration.

There are also certain assets in the estate that are not probate assets and, therefore, will not be considered as part of the estate for purposes of calculating the personal representative fee. Such assets include;

Proceeds from a life insurance policy,
Assets in a 401(k) plan, and
Assets held in an inter vivos trust

Let our experienced estate attorney help

It is important to completely understand your circumstances as the executor of an estate in New York so you are not denied any deserved benefits. Your compensation for the services you perform in the administration of an estate may be an entitlement, and one protected by law.

You should discuss your concerns, if there are any, with an experienced estate attorney. Attorney Jimmy Wagner can assist you with understanding how the law applies. Please get in touch with an experienced New York estate attorney today by contacting us at 929-477-8889 for help.

What if No One Wants to be the Executor of an Estate?

jimmy013@gmail.com (Jimmy Wagner) — Wed, 30 Dec 2020 16:18:28 GMT

What happens when no one wants to be the executor of an estate? Attorney Jimmy Wagner answers this question.

What happens when no one wants to be the executor of an estate? Attorney Jimmy Wagner answers this question.
What if No One Wants to be the Executor of an Estate?

When a loved one names you as the executor of his or her estate, the person does so as an expression of the immense trust he or she has in you. However, the position of an executor is one that is not to be accepted lightly. It is therefore understandable if a person rejects the position.

But what is going to become of the estate if everybody is turning down the assignment of the executor? Did the estate plan list who should be the executor? Was it the surviving spose? Was it a family member? Did the deceased person use an elder law firm when selecting the personal representative?

What are the duties of an executor?

Before we provide answers to what will become of the estate, let us explore what the duties of an executor are:

Paying creditors' claims : A decedent's debts do not necessarily end with their death. New York law allows that creditors should pursue debts owed against the estate of the decedent. They must reach out to the executor of the estate and communicate the existence of the debt. They must do this before the end of seven months after the probate process begins. They must make their claim in writing, stating the reason for the debt and the amount involved. The executor has to investigate the claims and pay the debts after confirming them.
Paying taxes : The executor must find out if the estate has any taxes that may be pending. The taxes may include outstanding income liability tax from when the decedent was still alive. The executor must pay these taxes as well.
Paying other expenses like funeral costs, the cost of locating and collecting the decedent's assets, and maintenance of the property before settling the estate. They are categorized as ordinary and necessary expenses and must not be more than necessary in the circumstances.
Distribution of property to beneficiaries : This needs to be done according to the instructions left behind in the will or in the absence of a will, according to the dictates of the law.

The issues an executor has to tackle are complex and he or she must comply with the requirements for providing notification to creditors and beneficiaries and making a full accounting of the estate.

The oversight obligations and control over all the property, investments, and money that the estate owns put a substantial risk of personal liability on the executor.

If a person agrees to take on the responsibility of executor and mismanages property or money, probably due to inadequate understanding of the process, it could spell trouble for the person in terms of facing a lawsuit.

Therefore, it is important to take the time to seriously ponder whether you should accept the job or not.

I don't want the job. What do I do?

If you have been named the executor of your loved one's asset and you don't want the responsibility, you reject the appointment. You can renounce the position by signing and filing a simple form with the probate court before you accept letters of administration and the authority to act on behalf of the estate. The form is called a Renunciation of Executor form. Fill, sign, and date the form in front of a notary public and file it with the probate court.

You must be sure that you have not acted on behalf of the decedent's estate in any way such as arranging the funeral or paying the creditors of the estate. As established, these are some of the duties of the executor, and doing them can be misconstrued as you accepting the position.

What happens to the estate when you renounce the position of the executor?

There is an order of priority for naming executors or personal representatives of estates. If a named executor renounces the position, he or she cannot be forced to keep the position. Instead, the will is examined to see if a backup executor was named. If none is named, family members of the decedent will be asked to volunteer for the position.

If that fails, the question will be opened to others that may have a stake in the estate such as potential beneficiaries or creditors. If no one wants to take on the duties of the executor or administrator, the Surrogate's Court of New York may appoint a professional such as a lawyer to administer the estate.

What are the basic requirements for serving as an executor in New York?

The probate court in New York, called the Surrogate's Court, has eligibility requirements that volunteers must meet before they can be considered as executors. They include the following:

The person must be at least 18 years old and must be of a sound mind. The court must not judge him or her incapacitated.
The person must not have a felony conviction (N.Y. Surr. Ct. Proc. Act § § 103, 707.)
The person must not have issues of substance abuse, dishonesty, improvidence, want of understanding, or be otherwise unfit to serve.

The person should also be able to read and write in English. (N.Y. Surr. Ct. Proc. Act § 707.)

If the potential executor is not a United States citizen, he or she must be aware that New York law requires executors to be either United States citizens or non-US citizens living in New York. If the chosen executor does not meet these requirements, then a co-executor who is a resident of New York must be chosen. (N.Y. Surr. Ct. Proc. Act § 707.)

While these requirements may seem restrictive, they are put in place for the good of the estate and its beneficiaries. Having an executor who lives out of state is not practical. The position of executor comes with the handling of day-to-day matters for a long period – weeks, months, or even longer. Having the executor live far away makes things more difficult than they already are and it is not a good idea.

Seek legal help. Speak with an estate attorney today.

The potential risk of personal liability makes the job of an estate executor or administrator a difficult one to accept, especially when you feel that you do not have the bandwidth to do a good job. For this same reason, it is difficult to impose the position of executor on another person.

As the courts will look to appointing an attorney to administer the estate, you are better served to work with an attorney you are comfortable with. The Law Office of Attorney Jimmy Wagner is known all over New York for providing empathetic yet assertive legal assistance for our valued clients. We have developed a reputation as a trusted estate planning and civil litigation firm right here in Brooklyn.

No matter the nature of the legal issues you are facing, you can count on the Law Office of Jimmy Wagner for personalized support. We tailor our approach to meet your specific needs. Contact Attorney Jimmy Wagner at 929-477-8889 for help or reach out to us through our contact page .

What Happens if a Beneficiary Dies Before the Estate is Settled?

jimmy013@gmail.com (Jimmy Wagner) — Wed, 30 Dec 2020 16:16:49 GMT

What happens if a beneficiary dies before the estate is settled?

What happens when a beneficiary dies before the decedent's estate is settled? Our New York Estate Attorney provides the answer to this question.

What Happens if a Beneficiary Dies Before the Estate is Settled?

First we must determine did the deceased beneficiary die prior to the testator or after the testator and before the estate was settled? This blog post will deal with a deceased beneficiary who outlived the testator but passed before the settling of an estate. The estate planning of the deceased beneficiary working within state law and the probate code will govern the beneficiaries or alternative beneficiaries.

Distributing an estate to beneficiaries primarily requires that the beneficiaries survive the testator. So what happens when a they die after the testator but before the testator's estate is settled?

When a beneficiary dies after the deceased but before the estate is settled the deceased beneficiary estate will be entitled to the bequest. A survivorship period traditionally only applies when two individuals are in a simultaneous event, like a car accident.

Anti-Lapse Statute – New York has an anti-lapse statute which provides that if the beneficiary named in a New York City decedent’s will dies before the testator the bequest is “saved” by passing to the deceased beneficiary’s children, even though the testator has not changed the will to bequeath the gift to the testator’s grandchildren.

If there is no alternative beneficiary named or the alternate has also died, the estate becomes a '''lapsed'' or ''failed'' gift. In this case, the estate will go to any of the following parties:

The residuary beneficiary named in the will
The descendants of the primary beneficiary. This is governed by New York's ''anti-lapse'' law.
The heirs of the testator under the law of the State of New York. In this case, the estate will be treated as though no will was left behind.

The residuary beneficiary

The residuary estate of a decedent is everything that is left after specific bequests have been made to their respective beneficiaries and all taxes and debts paid. Whatever is left of the estate is usually passed to whoever is named as the residuary beneficiary in the will. The language in the will goes something like:

"…I leave the remainder of my estate including personal and real property to my wife… (or …daughter …or friend's daughter) …''

If the residuary beneficiary is dead or the will did not have a residuary clause, the residuary estate will be distributed as per state intestacy laws (as if there was no will). Some wills clearly state that lapsed gifts become part of the residuary estate (everything that isn't left specifically to another named beneficiary). If so, then the gift passes to the residuary beneficiary.

But many wills do not define the residuary estate this way. In that situation, if the alternate beneficiary is not available (or none was named), look to see whether or not your state's anti-lapse law applies.

The descendants of the primary beneficiary

New York has an anti-lapse law. Under this law, if the primary beneficiary is deceased and there is no alternative beneficiary named in the will, the estate will pass to the heir(s) of the primary beneficiary.

The law generally applies only if the deceased beneficiary was either the testator's grandparent or a direct descendant of a grandparent. Direct descendants include parents, siblings, niece or nephew, uncle or aunt, and so forth. It also applies if the deceased beneficiary left children of his or her own.

The anti-lapse law does not cover beneficiaries who are not related to the testator by blood. This means that a spouse is not covered. So if the testator leaves everything in his will to his surviving spouse without naming an alternative beneficiary and she dies before the estate is settled, the estate will be disposed of per state intestacy laws. Thus, even if the wife had had children from a previous marriage, they will not inherit the estate - though they are her descendants.

What if the estate goes to a ''Class'' of beneficiaries?

Sometimes, a testator leaves his entire estate or a specific inheritance to a group of people together such as all his siblings or all his children. In this case, if one of the beneficiaries dies before the estate is settled, the estate will still be distributed among the beneficiaries as instructed. The difference will just be the ratio of distribution between them.

So, if the decedent had five siblings who he had named as class beneficiaries, each of them would have had a 20% share of the estate. Upon the death of one of the beneficiaries, however, the surviving beneficiaries would each receive a 25% share as against the initial 20% share.

Questions to Ask an Estate Attorney After Death

jimmy013@gmail.com (Jimmy Wagner) — Wed, 30 Dec 2020 16:13:18 GMT

The loss of a loved one is a devastating event. While grappling with your loss, it is understandable if you don't have the right frame of mind to deal with the issues of the decedent's estate. Attorney Jimmy Wagner can help you with this legal advice. The legal advice can be about tax returns, estate planning, and to sell property or not.

Questions to Ask an Estate Attorney After Death

There is usually a lot going on in the immediate aftermath of a loved one's passing and matters relating to the estate can easily be put on the back burner. The first legal advice everyone seeks is about tax returns, federal estate tax, and how soon does the personal representative have to complete the estate tax return. Time is not on your side and there are a lot of issues the probate attorney will have to cover.

Once a person dies, time begins to run in relation to the estate. The law requires several events to take place, especially if the decedent left behind a living trust, life insurance, tax returns, revocable living trust and did the deceased person sell property.

While it is a great idea to hire an probate attorney to seek legal advice and handle tax returns, it is also beneficial to you to have a basic understanding of what the probate attorney will do for you. I have curated a list of questions for you to ask your probate attorney in your first consultation with them. It is however important to keep in mind that this article does not take the place of legal advice.

Is the Power of Attorney still valid?

Your loved one gave you the Power of Attorney while they were alive, as you were their primary caregiver but now they have passed away. Does that power of attorney confers on you the authority to administer the estate. It does not. Hopefully the deceased person engaged in proper estate planning. The legal advice for the estate planning would have appointed a personal representative to handle the federal estate tax, the estate tax return, life insurance and working under the estate plan of deceased person.

A power of attorney is only effective as long as the principal is alive. Upon the death of the principal, it becomes ineffective. The estate personal representative would have been appointed in the estate plan. Your probate attorney can petition the probate court to have you appointed as executor if that is what the Will states.

How do I protect the assets that were left behind?

If the Surrogate's Court has authorized you to administer the estate and file tax returns, your first order of business is to file tax returns, and protect the assets the decedent left behind. As executor, you have the legal authority to file tax returns and access the home. Of course, if you were the primary caregiver during the decedent's illness, then you may have already had this ability. Did the estate include real estate or tax returns? Is the real estate income producing or subject to a living trust or irrevocable trust?

Your next order of business is to file tax returns and restrict access to the real estate as the assets in the home might prove irresistible to overzealous friends or family members. Next, remove everything of value from the home and keep a record of everything that was removed. Also, redirect every mail coming to the house to the personal representative. The next step is to determine if you will sell property.

How can I find out if there is a will?

You can start by searching the personal possessions and documents of the decedent. If this fails to yield results, contact the decedent's bank to see if they kept a safety deposit box or had documents kept in the care of the bank. Also, consider seeking out the legal advice the decedent used while he was alive. You will most likely find details of the attorney while looking through the decedent's documents. Other avenues you can explore are:

Contacting the legal advice in the area where the decedent lived to see if they held a copy of the will for him.
Checking the decedent's smartphone or computer to see whether a soft copy of the will was saved there.

What do I do about debts and federal estate tax?

Things to note about debts and tax return:

The decedent's debts are not automatically canceled on their passing. The debts are still valid and the creditors will come. You can go through the decedent's documents to get a picture of their debts. Also, creditors will have seven months from the beginning of the probate process to come forward and state what debts they are owed.
As the relative of the decedent, you do not need to assume the payment of the debts. The payment of the debts and all taxes (if the decedent had a tax liability) will be paid out of the decedent's estate.
The tax return will have to be filed. Even if you file an estate tax return based on the estate planning you will still be required to file tax returns.
If the decedent's estate exceeds $5.25 million, then a New York estate tax law ranging from 3.06% to 16% is applicable. Federal tax should also be taken into account. They kick in when the estate exceeds $11.4 million.

How do I handle notification of the death?

Friends and family members can be notified through phone calls and messages. Taking out an advert in the Obituary section of newspapers can also help. You might also consider announcing on the decedent's social media pages.

Also, if the decedent was a member of the New York State and Local Retirement System (NYSLR), you need to notify them about the death. You will be required to fill a Notification of Death form.

How do I get the death certificate?

You can order the death certificate online or visit the local Registrar of Vital Statistics where the decedent died. The New York City Health Department uses VitalChek, a secure third-party vendor to process online orders. To be eligible to get a copy of the death certificate, you must be either a spouse, parent, child, or sibling of the decedent. If you are none of these, then you must have either a documented lawful right to access the certificate, a documented medical need, or a New York State Court order.

A death certificate has two parts: the standard certificate of death and the confidential part where the cause of death is stated. Either of the two can be ordered for the same cost. However, who can order it and how it can be ordered varies.

The death certificate and the confidential cause of death medical report can be ordered by any of the following people:

Spouse
Domestic partner
Parent
Child
Sibling
Grandparent
Grandchild
Informant listed on the certificate
The person in control of disposition (executor or estate administrator)

The following people can only request the death certificate and not the cause of death:

Niece/Nephew
Aunt/Uncle
The great-grandchild and great-great-grandchild
Grandniece/Grandnephew

What Should I Do with the Real estate?

Obtaining legal advice for probate court and the probate process should be something you do immediately. Deciding what to do with the house is dependent on whether the decedent left a will behind or died intestate (without a will). If the decedent left a will, then it is a simple matter of disposing of the house as stipulated in the will. If there was no will, however, you have the legal authority to decide what to do with the house since you are the administrator. However, you might want to consider having a meeting with the beneficiaries to get a feel of what they would prefer.

Let us help make things easier for you

As executor or administrator of a loved one's estate, the responsibilities can be overwhelming, and the possibility of facing complications high. Avoid these complications by getting the services of a New York estate attorney early in the process. Speak with estate Attorney Jimmy Wagner on 800-571-8062 today.

How do you Value Items in a House for Probate?

jimmy013@gmail.com (Jimmy Wagner) — Wed, 30 Dec 2020 16:11:14 GMT

How should the items in an estate be valued for the purpose of sale during probate? Our New York estate planning attorney explains all you should know in this article.

How Do You Value Items in a House for Probate?

Probate is a legal process where a decedent's estate is disposed of under the supervision of the court. The process is a complex one requiring several stages and complex legal rules. Often, the biggest asset a decedent leaves behind is his or her home and everything in it.

A personal representative will have to be valuing the items in the property. It is an important step in the probate process and it is one that is usually done early in the process. It needs to be done even if the beneficiaries have no intention of selling anything in the house.

Why do you need to value the items in a house for probate?

Apart from being an important step in the probate process, valuing the items in a house helps you calculate whether the estate of the decedent qualifies to pay Inheritance Tax and if so, how much. A personal representative must also include insurance policies and personal property when determining the fair market value of the estate.

The rate of the estate tax in New York ranges from 3.06% to 16%, and estates that exceed a value of $5.25 million are subject to this tax. Also, the tax must be paid within nine months of the decedent's death. If a decedent has a surviving spouse than that surviving spouse will probably receive all the financial assets.

Other than the New York estate tax return, an estate may also qualify for federal estate tax. Estates that are worth more than $11.4 million between gross assets and prior taxable gifts may be liable to federal estate tax. This tax must also be paid within nine months of the decedent's passing.

When valuing the house and its contents, ensure that the value placed on the contents of the house, and indeed the house itself, is reflective of their open market value (OMV) at the time of the decedent's death.

The process of valuing the contents of a property is not an easy one as it falls on the personal representative to ensure that nothing is overlooked. There are however guidelines that you can follow to help you in the process.

What do you need to know when valuing the items in a property for probate?

Property of a deceased person is divided into two types of property personal property and real estate. Real estate covers property like land and houses while personal property covers everything else. Items like cars, jewelry, art, memorabilia, furniture, cash, insurance policies, investments, and family heirlooms. Everything must be given a fair market value by the personal representative. If the deceased person had an estate plan the estate plan can assist the personal representative as they move the estate through probate court and distribute the financial assets of the deceased person.

Once you have established the date of death values for the items in the house, file them with the probate court within thirty to ninety days of beginning the probate process. A decedent can have two categories of assets: probate assets and non-probate assets. Probate assets are assets that belonged solely to the decedent at the time of death. New York is not a community property state; thus, the decedent's assets are not automatically passed on to his or her spouse. This class of assets is those for which you need to establish the date of death values.

When an estate qualifies for tax either at the state or federal level or both, you need to establish the date of death values for the non-probate assets too. Assets that qualify as non-probate assets are:

Tenants by the entirety
Joint tenants with right of survivorship
Payable-on-death accounts
transfer-on-death accounts
Life insurance
Retirement accounts including IRAs and 401(k)s
Annuities

How do you value the items in the property for probate?

Valuing assets like money in bank accounts or life insurance policies or stocks or shares are quite straightforward. However, valuing the contents of the homestead at its open market value is not as straightforward. You might want to consider getting the help of a professional.

The open market value is the price the item might have reasonably fetched if it was sold on the open market to a buyer who was under no pressure. It is quite different from the replacement value or the insurance value.

You can value the items with the help of an estate agent in an informal valuation or you can choose to hire a professional surveyor in a formal valuation process.

Informal valuations can be offered for free by some estate agents. Some others will charge a low fee. If you want to use this option, consider getting valuations from at least three agents and make your valuation a mean of the three. Informal valuations are advisable when the estate you are valuing does not hit the threshold for estate tax.

Formal valuations are advisable when the estate in question exceeds $5.25 million in value. Formal valuations are expensive when compared with informal valuations and they are more detailed.

What items in a homestead need valuing for probate?

As an estate administrator, one of your primary and initial duties is to locate all the assets the decedents owned and create an inventory of them. Some items may not be at the residence of the decedent: they may be saved in a bank or kept in the care of a friend or relative. The items can include:

Vehicles
Art
Silverware
China
Glass
Jewelry
Electrical goods
Clothing
Collections such as coins, wine, stamps, etc.
Personalized number plates

For items whose value you can estimate using publicly available data, you do not need to get professional valuation whether formal or informal. For example, you can get an idea of the value of the vehicles by visiting websites where used cars are sold.

When getting values from professionals, consider asking for both the selling price and the asking price as sometimes, estate agents give values that they do not really think the property will sell for. This is especially the case when dealing with antiques as they are notoriously difficult to value.

For formal valuations, consider asking the valuer to give you a valuation for insurance purposes. With this, you can check whether the existing insurance cover over the property in question is adequate.

How long can it take to value the items in a house for probate?

Getting open market valuations for items can take anywhere from four to six weeks. This is especially the case if you are going the informal valuation route. If you are opting for formal valuations, it may take longer to get the values because formal valuations are more detailed.

Get expert help. Speak to an estate attorney today

The potential complications of the process of valuing items for probate make it necessary to be careful when carrying out these duties. It is relatively easy to undervalue an item and sell it for less than it is worth. This can give rise to conflict between you as the estate administrator and the beneficiaries, or may give rise to misconduct proceedings before the court. Accusations of fraud may begin to fly around with lawsuits becoming the order of the day. Avoid these potential complications by contacting an experienced New York estate attorney early in the process. Contact Attorney Jimmy Wagner at 929-477-8889 for help or reach out to us through our contact page .

Elder Law for Dummies

jimmy013@gmail.com (Jimmy Wagner) — Wed, 30 Dec 2020 16:09:43 GMT

What is Elder Law? What does it entail? Our New York Elder Law attorney explains all you need to know.

What is Elder Law? Our New York Elder Law attorney explains all you need to know.

Elder Law for Dummies

The American population is steadily growing older. According to a 2018 U.S. Census Bureau report , there will be more Americans aged 65 and older by 2035 than there are people younger than 18. Therefore knowing an elder law attorney who is familiar with elder law, long-term care, older Americans, and nursing homes is an attorney every family should find.

As people age and become senior citizens, they typically enter a more vulnerable position in society. Often, if a person will be properly protected and have all they need to enjoy their sunset years, there will be a need for due planning and proper legal advice.

The branch of law that regulates how older Americans organize their affairs, receive care, and the rights that accrue to them, is called elder law. This is not a single enactment or statute though. It covers several laws relating to the disposition of property, and even the person, of older Americans, including issues such as healthcare, estate planning, and retirement.

These laws have special provisions that require thoughtful advice from a skilled professional though. This is why questions relating to old age should be regarded as important subjects, both for you and your loved ones. These decisions are best made early, long before old age and the challenges it brings.

If you are concerned about the basics of what elder law means, and how it affects you or your loved ones, this article explains all you need. Here, our New York Elder Law attorney breaks down the basics of elder law, including what it means, what it applies to, and why you should get started early.

What is Elder Law?

Elder Law largely describes the operation and practice of laws pertaining to the elderly population. And, no, it isn’t just about making wills.

In reality, Elder Law is a lot broader today than in previous decades, as it now covers many different facets of the lives of senior citizens. Because Elder Law focuses on legal issues you deal with as you grow older, it includes the planning and writing of documents such as:

Wills,
Trusts,
Powers of Attorney,
Healthcare Proxies,
Inter vivos (or Living) wills
long-term care
nursing homes

But if this was the entire scope of Elder Law, it wouldn’t be much different from Estate planning. An elder law attorney and the elder law attorneys who practice it instead take several steps further to commit to age-related legal issues faced by older people.

Medicaid
Protection of assets
Elder neglect and abuse
Guardianship or Conservatorship Proceedings
Social security
Employment
Long-term care
End-of-life planning
Palliative, Hospice or Home care
Insurance and Financial matters

The Scope of elder law

With wills , your wishes for how you want your assets and personal items handled after death are recorded. Elder law attorneys can help you draft a will.

While a durable Power of Attorney (POA) lets you choose someone to handle your financial affairs should you become physically disabled or mentally incapable; a Health Care Proxy allows you to appoint a person of your choice to make health care decisions for you in the event you can no longer make such decisions for yourself. Elder law attorneys can help you draft a POA and HCP.

Some of the most common services incorporated in Elder law practice are also briefly discussed below.

Elder Employment

Elder Neglect and Abuse

An Elder Law attorney and professional can help take legal action to stop the abuse, and explore several options for remedy.

Why you need a New York Elder Law Attorney

Elder law is an area of law populated by numerous experts in several legal practice areas. All of these experts tailor their services to essentially cater for the legal needs of aging or elderly clients.

Nobody – young, old, or middle-aged – thinks it is a disadvantage to have savings and assets through old age. It is living through old age without these financial protections that is concerning. Even this is not as concerning as being unable to take proper advantage of these protections when the time comes.

Elder Law attorneys can help with a multigenerational approach to your NY Elder Law planning to ensure your present and future needs are met. This advance planning can help you maintain independence and a sense of control over your financial affairs.

By planning in advance and making your decisions known, you can ensure that your wishes will be followed in the future. And it also can significantly reduce the burden on your family and loved ones.

Working with an experienced elder law attorney ultimately allows peace of mind in an emotionally charged process. The attorney will work with a whole team of professionals including financial advisors and tax experts.

Since healthcare decisions must necessarily include plans for how to pay for those decisions the attorney must work at understanding the tax implications for clients while they are still alive and for their estate after they have passed away is vital.

Avoid possible complications. Speak to our Elder Law Attorney today

Because it is a complex and evolving field, hiring a skilled elder law attorney is the best way to avoid possible complications. New York elder law attorney, Jimmy Wagner, has decades of experience protecting and stretching their clients’ assets.

You should discuss your concerns, if there are any, with our experienced Elder Law attorney. Get in touch with our experienced Attorney Jimmy Wagner today to begin the process. Contact us at 929-477-8889 for help.

What can be Paid Out of An Estate Account?

jimmy013@gmail.com (Jimmy Wagner) — Wed, 30 Dec 2020 16:08:00 GMT

What is the process for handling the accounts of a deceased person and the estate assets of a deceased person when they had an estate plan or had no estate plan, what is sanctioned by law and do you need probate court approval to pay bills and final bills? Most state law, probate court, and estate planning requires a personal representative to pay for the funeral service and tax returns from the probate estate. However, people will wonder what other money can be used from the probate estate to make these payments from the account, and what withdrawals are allowed under the law? Our New York attorney explains all you should know about the process and its consequences.

What is the process for handling the accounts of a deceased person and the estate assets of a deceased person when there had an estate plan or had no estate plan, what is sanctioned by law and do you need probate court approval to pay bills and final bills? Most state law, probate court, and estate planning requires a personal representative to pay for the funeral service and tax returns from the probate estate. However, people will wonder what other money can be used from the probate estate to make these payments from the account, and what withdrawals are allowed under the law? Our New York attorney explains all you should know about the process and its consequences.

What Can Be Paid Out of An Estate Account?

Losing a loved one is a difficult and bewildering experience. But having to face the probate process afterward can feel even more confusing.

In New York, the probate process begins a few months after the death of a loved one. Whether your loved one left a will or not, their survivors (family members of the decedent) will be expected to seek the court’s assistance before they can deal with the assets of the decedent.

The court will usually appoint one or more individuals to be primarily responsible for collecting these assets, protecting them and distributing them as the law requires. The law imposes several responsibilities on those who are eventually authorized to deal with these assets.

The responsibilities include creating a bank account, paying debts and other expenses, and distributing assets to the beneficiaries or heirs-at-law of the deceased. But there are strict laws that regulate who can make a withdrawal out of the bank account, when a withdrawal can be made, and for what bill was paid and how spent the money.

A personal representative New York is expected to settle the final bills of the deceased person and work in the deceased person best interests. As a result, making the wrong withdrawals, not paying the final bills, and putting money to the wrong uses, or failing to settle what is required by law can be problematic.

What is the process sanctioned by law to make these withdrawals, and what withdrawals are allowed under the law?

Only a personal representative is approved to deal with the bank account

Before any person can deal with a bank account in any way they must be appointed as a personal representative by the court. The appointment is usually made by the New York Surrogate’s Court, and includes the authorization to open a bank account, deposit money, and file tax returns of the deceased person. Even if you are named as executor in the will of the decedent or are their spouse or a close loved one, you still need the court’s authorization.

To secure this appointment, you must file a probate petition if there’s a will or an administration petition where no will was left. This will especially be the case if your loved one left real estate within New York state. If they didn’t leave any real estate, you may not need to obtain the court’s permission to deal with the estate. You should speak to an estate planning attorney to learn what your options are.

The probate or administration petition will need to be filed with the Surrogate’s Court where the decedent lived or owned real estate. The petition will be sent to the judge for final review, and if they approve, you will receive a probate grant, for a will, or a letter of administration, in other cases.

After receiving the necessary authorization, you can then begin the process of opening an estate account, collecting the assets of the decedent and making preparations to pay all bills and expenses.

Withdrawals that can be made from the account

In New York, the position of a fiduciary is treated as a very special position. As a result, every action you take in this position may be subject to scrutiny, especially how you deal with the assets of the estate.

A fiduciary’s primary job is to locate and collect all the assets that belonged to the decedent, collect them, account for them and then start to settle the estate. The process of settling the estate will include paying the debts that the decedent owed before they died, paying applicable taxes, expenses of the estate and then distributing whatever is left to the beneficiaries.

Creditors’ claims : Debts that a person owes will not necessarily end after they die. Under New York law, as with other states, creditors can pursue these debts against the estate of the decedent. However, creditors are required to reach out to the fiduciary and communicate the existence of the debt before the end of 7 months after court approval to deal with the estate. They must make their claim in writing , the facts on which the debt is based and the amount due. The fiduciary also has a responsibility to investigate these claims, and then pay the debts in full after investigation.
Taxes : The estate may owe certain taxes that may need to be paid. This may include outstanding income tax liability from when the decedent was still alive. New York does not charge an Inheritance tax. However, estates with a value above $5.25 million may be subject to an estate tax of up to 16%. It would be the responsibility of the fiduciary to pay these taxes.
Ordinary and necessary expenses : Even after death, the decedent’s estate will have expenses and bills to pay. These may include funeral costs, the costs of gathering the assets, maintenance of the decedent’s property before winding up and other expenses. However, these expenses are required to be “ordinary and necessary”. This means they should be no more than the usual expenses one would expect to pay, considering the activities of the fiduciary. In addition, the expenses must be no more than is necessary in the circumstances.
Legacies/distribution : Finally, the fiduciary is expected to distribute the assets of the estate, either in line with the will, or if there was no will, according to the procedure dictated by law.

The fiduciary cannot treat the estate account as their personal piggy bank or a source of quick “loans” for personal use. Every cent that is taken out of the account must be recorded, because the court may require a full accounting if it believes the fiduciary is not being honest.

The order of priority for withdrawals

In addition to the stipulation of what withdrawals can be made from the estate account, the law also specifies what purposes these can be put to, in order of priority. Under the Surrogate Court’s Procedure Act , the priority of withdrawals is as follows:

Reasonable funeral and administrative expenses;
Debts given preference by the state or federal government, including estate taxes;
Judgment debts against the decedent;
Bonds, sealed instruments, notes, bills, unliquidated demands and accounts;
Gifts to beneficiaries or distribution to heirs-at-law

The purpose of this priority of payment is for instances where there are insufficient funds in the estate to meet these debts. In such a situation, the most important debts are expected to be paid first.

What happens if you make the wrong withdrawals?

The consequences of making a wrong withdrawal depend on the circumstances of the withdrawal. Sometimes, a payment can be made in error because the fiduciary was deceived by a fraudulent creditor, or from an unavoidable mistake. In such circumstances, there may be no real consequences for the fiduciary.

But in other situations where wrong withdrawals were made either intentionally or negligently, the fiduciary may be personally responsible. For instance, taking money out of the estate account for personal use, outside the normal fees allowed the fiduciary, would be misconduct. The court may order the fiduciary to return the funds out of their own money.

Failure to return the funds as ordered may lead to arrest for contempt of court, and this may in turn result in some jail time.

Avoid possible complications. Speak to an estate attorney today

The potential complications of the process make it necessary to be careful when dealing with a decedent’s estate in New York. Little missteps can spell a lot of trouble, both for the estate and the fiduciary. Avoid these complications by contacting an experienced New York estate attorney early in the process. Contact Attorney Jimmy Wagner at 929-477-8889 for help.

Can you live in a House during Probate?

jimmy013@gmail.com (Jimmy Wagner) — Wed, 30 Dec 2020 16:06:41 GMT

What is the legality of living in a house that is going through the probate process? Our New York probate attorney explains all you need to know.

Can You Live in a House During Probate?

Probate has quite the reputation for being painfully slow and expensive, and much of that is true a lot of the time. Of course, dealing with the death of a loved one is hard all on its own. Therefore, probate, sometimes, can be double the trouble.

There are many complex legal rules that govern the probate process. These include who can be authorized by the court to administer the estate of the decedent, and how the estate itself can be treated. In most circumstances, it would be against the law to deal in any way with estate property without proper authorization of the court. No one, including the executor/administrator or beneficiaries can deal with the property without permission.

As a result, it can be confusing to know what is allowed and what isn’t. Can you live in a house belonging to the estate while the probate process is still ongoing? Or do you have to move out when the probate process begins? If you are allowed to stay in the house, for how long will this privilege last?

To answer these questions and more, our New York Probate Attorney explains what the law regarding probate is, including how the law treats the house during probate.

What is Probate?

Probate, simply put, is the process through which the court (NY Surrogate's Court) confirms the validity of a decedent’s Will, and supervises the settlement of his or her estate.

Probate proceedings also allow heirs to contest the will and the executor of the estate to be named and granted authority to act on behalf of the estate in estate administration.

In New York, the probate process begins when a petition and an original will are submitted to the Surrogate’s Court in the county where the decedent lived. The petition provides the court with the necessary information to move forward with validating the will and appointing the executor.

Probate is not compulsory, or universal. For instance, property that passes through joint tenancy or a living trust, passes outside of a will and is not subject to probate.

In New York, a small proceeding may be filed if the value of the estate is under $30,000 and the decedent owned no real estate. The filing fee with the Surrogate’s Court is usually a small amount, and the process is available for persons who died with or without a will.

How long does Probate take?

Probate usually takes a while on average, and its pendency usually depends on the many factors that may affect the length of the probate process. It may be swifter, and a mere formality where a Will is involved.

The usual issues to contend with are the county backlog of probate cases to be heard, the time to locate and notify all heirs, and the existence of objections to the will. The process will take much longer if there are objections to the will or to the executor's appointment.

Probate ends once the executor has officially been appointed by the court to act on behalf of the estate, and is given documentation as proof of such authority. This documentation will be vital to his or her duties, like collecting the decedent’s assets, manage bank accounts, etc. In essence, this marks the end of probate and the beginning of estate administration.

Living in estate property during probate

It is very common, since many estates in New York typically include real property, that a decedent owned a home they lived in with family at the time of death.

Now, a home can avoid probate if it is automatically passed on through a living trust, joint ownership etc. Otherwise, the general rule is that if someone dies and owns real estate, any property they own is headed for some kind of probate process—will or no will.

This can be confusing for heirs and survivors, who still have to live in the house and may have nowhere to go if asked to leave. Which is why the question often comes up whether a person can live in a house undergoing probate. The answer is both straightforward and qualified.

Generally, if you already live in the house – as your home or residence at the time when the decedent died – you may continue to live in it pending the outcome of probate proceedings. Otherwise, the house is the property of the estate and you would have to get permission from the executor/administrator of the estate in order to move into it.

As a survivor or heir domiciled in the same house at the time of the decedent’s death, if the will is admitted to probate, under typical circumstances the ownership of the house passed to you by operation of law as of the decedent's date of death.

There is also no law that states that mandates that a property that is going through probate cannot be lived in. In fact, many state representatives like to have someone live in the property chiefly to:

To receive rental income.
Ensure that the property is properly maintained.

In the event that the house is previously established rental property, the lease signed by the tenants and now deceased landlord should typically persist. Where it expires while the home is going through Probate, the executor then will decide whether to continue the rental status of the property, subject to the best interests of the estate.

When are you not allowed to live in a house in Probate?

Where the house needs to be sold or transferred as part of the settlement of the estate, the continued occupancy of the residence by family members can prevent that sale or transfer.

In such instance, where the house is not your domicile, and you had not received unequivocal authorization from the decedent or executor to live there, oy may probably not be able to live in the house.

In that case, there are a number of ways that an estate executor or administrator re-possess the property and evict the remaining occupants, like through turn-over proceedings commenced in the Surrogate’s Court.

It may also be possible to obtain an eviction in the local housing or Landlord-Tenant Court. These proceedings, whether brought in the Surrogate’s Court or the Landlord-Tenant Court, seek to have occupants removed from estate property.

Usually, the issue comes up in these types of cases is whether the occupant should be liable to pay rent or use and occupancy to the estate for the period of time that the occupancy was unauthorized.

Speak to our Probate Attorney today

The answer to this question, though direct, may yield separate answers depending on your situation. If you would like extensive legal advice, please contact our firm . In any case, you may need an experienced NY Probate attorney to determine your rights and options in the circumstances.

You should discuss your concerns, if there are any, with our experienced NY Probate attorney. Attorney Jimmy Wagner can render expert advice, and help you make the best decisions in relation to the probate process.

Get in touch with our experienced New York Elder Law attorney today by contacting us at 929-477-8889 for a consultation.

Can an Administrator of an Estate Sell Property?

jimmy013@gmail.com (Jimmy Wagner) — Wed, 30 Dec 2020 16:01:42 GMT

The position of an estate administrator is one of trust and it is a job whose description can be sometimes confusing. What can you do as a fiduciary? What can't you do? This article answers those questions.

Can an Administrator of an Estate Sell Property?

Before any individual can transact with an estate account in any way, or even open one, they must be appointed as a fiduciary by the court. The appointment is usually made by the Surrogate's Court of New York. It is important to note that even if the deceased left a will in which an executor was named, the executor cannot deal with the estate unless the court grants authorization. The authorization of a fiduciary by the Surrogate's Court is called the Grant of Probate (or Administration, if there was no will).

The position of a fiduciary is one of trust. When a fiduciary is named, they are so named because the decedent or the court believes that they will do everything in their power to act in the best interests of the estate that has been entrusted to them.

That said, the question often arises as to what exactly constitute the duties of a fiduciary, and what they can or cannot do. One of such questions is whether an administrator can sell property belonging to the estate. In this article, our experienced New York estate planning attorney explains all you should know about the duties of estate administrators and their powers to sell property.

Duties of an estate administrator

Before answering the question of whether an administrator of an estate can sell property, let us explore the duties of an estate administrator. Generally, an administrator is charged with ensuring the estate is properly collected and accounted for, as well as distributing the estate according to law. These duties are explained as follows:

Locating and collating all assets of the estate: When you get the authorization of the court, one of your primary and initial duties is to locate, collect, and record all assets of the estate. You are expected to keep the records safe until you conclude your fiduciary duties over the estate.
Register a list of the assets with the Surrogate's Court: You must do this within six months of the date you received Letters Testamentary authorizing you to administer the estate. After filing the inventory with Surrogate's Court, you can begin to administer the estate in earnest. It is up to you to decide how the estate assets should be invested and what sorts of investments will best benefit the estate.
File and pay taxes and the debts of the estate: You also need to pay any taxes due, know when to file for tax exemption, and pay off the estate's debts. The financial records of the decedent should give you a clear picture of the estate's debts.
Distribute what is left of the estate to its heirs: After paying off the debts and taxes on the estate, distribute the remaining assets in the estate to its heirs either per New York law or in deference to the provisions of the will (if there was one).
Closing the estate: Once all beneficiaries have received the benefits coming to them, you can close the estate. To do this, you need to get a signed receipt and release from each of the estate's heirs and file them with the Surrogate's Court.

Can an estate administrator sell property?

So, yes, as an estate administrator, you can sell property. However, you must know what types of assets may be sold when administering an estate. You also need to understand the restrictions in your Letters Testamentary (if any) and knowing when you need court approval before selling property.

That said, if you are named a fiduciary to an estate, you should hire an estate planning attorney in New York . A competent and experienced estate planning attorney will counsel you on the best approach to adopt when carrying out your duties as a fiduciary. With the counsel of your estate planning attorney, you are assured that none of the steps you take in the carrying out of your duties will result in your getting sued.

Assets that may be sold when administering an estate

The following is a list of assets that are typically sold when administering an estate:

Family homes, apartment buildings, co-ops, townhouses, or condos
Vacation real estate which may include vacation homes, timeshares, or ownership of other resort property
Real estate investments including stocks and bonds
A business the decedent used to run
Artwork, coins, antiques, classic cars, or other collectibles
Furniture
Memorabilia
Jewelry

When putting up property for sale, you should work with your New York estate planning attorney in valuing the asset. The services of a professional valuer will often be required to show that the asset was sold for a fair market price. Your attorney can advise you on how the law expects the process to proceed and where a valuer can help.

What if the beneficiaries do not consent to the sale of the property?

Legally, you do not need to get the consent or approval of the beneficiaries when putting up property for sale. As a court-appointed fiduciary, you have the authority to make these decisions. However, it is a good idea to be on the same page with beneficiaries so that there will be no dispute between you and them. You might also want to consider committing the outcome of your discussion with the beneficiaries into writing.

Thus, if there is a dispute over the sale of any property, you can refer to the written evidence. The role of the fiduciary is one that calls for transparency in all dealings coupled with having the best interests of the estate at heart. This makes it even more important to put everything in writing as this will provide proof of your integrity.

Being on the same page with beneficiaries requires that you advise them of the price for which the property is selling and confirm from them that they are satisfied with the selling price.

Can I buy from the property I am putting up for sale?

So you saw a piece of art or jewelry that you like and you are thinking of putting in a bid. However, you are wondering whether you are allowed to do so. Won't the beneficiaries feel like you are trying to take advantage of the position you occupy? Won't they think you are trying to sell them short?

Generally, an executor or administrator is not expected to buy estate property. Although, buying such property may not be against the law, strictly speaking. It is however important for you to be absolutely above board during the transaction. Have a professional valuer estimate the fair market price of the asset so there can be no allegations of you trying to sell the estate short.

Getting a release from the beneficiaries can also help avoid the possibility of litigation later on. Have your New York estate planning lawyer get a written release from the beneficiaries or failing that, have them put their consent in writing to avoid your getting sued later.

You should also strive to get them to understand that they are not getting the short end of the straw, but a fair deal in having you buy some of the property you are putting up for sale. Help them understand that they are getting more money from your buying the property than they would if you were not buying it. They get to save costs on transactions like paying a broker to market the property.

Let us help you avoid complications

Dealing with the estate of a decedent can be complicated and fraught with emotional upheavals from administering the estate and dealing with grieving beneficiaries. It helps to have expert help within your reach as early as possible. Contact Attorney Jimmy Wagner at 929-477-8889 for help today.

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Wed, 01 Jan 2020 17:32:39 GMT

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