Page not found

We're sorry, the page you were trying to find does not seem to exist.

A last will and testament is an incredibly important legal document that outlines an individual’s wishes in how they want their assets distributed and how they want the care of any dependents to be completed. One might call the final will the last will, but it is also, in essence, your last document. Or at least the last legal document that will be read on your behalf.

So to say this is an important document is an understatement. Your last will and testament needs to be drafted with conscious intent as a strong reflection of your desires. Additionally, it should be drafted and signed with all of New York’s special estate laws in mind, as there are certain laws that may nullify any modifications you make after an original will was signed or otherwise make it difficult for your will to be followed as desired.

Things To Know Before Making Changes to Your Last Will & Testament

So many clients think that once they have decided their will set-up, whether probate or living trust, and they have written their last will and testament, they are good to go; that their assets will be protected and their beneficiaries are established. On the contrary, things change; other things can alter how we want our final wishes to go. The good news is that you absolutely can make alternations or modifications to your last will. However, those changes must follow certain requirements.

Why It’s Complicated When Making Changes

In seeking to protect the desires of last will and testament writers, New York State law has made altering or otherwise modifying a New York last will and testament a bit difficult. Legislatures have added language to final estate laws that put up extra roadblocks whenever a change is attempted, making it important to talk to an estate attorney in NYC regarding last wills.

So, before you pull out a napkin and pen in order to readjust how you want to bequeath things, an important consideration here is that all alterations and modifications to an existing will must satisfy the requirements that are set out in New York’s estate law. A very pertinent one to understand is Estates, Powers, and Trusts Law Section. This section is called “Execution and Attestation of Wills; Formal Requirements.” As its name suggests, there are formal requirements for those who want to change an already established will. There are two critical ones those looking to change their will should know:

1. There must be two attesting witnesses at a change of will, and both those witnesses have to be completely impartial. This is guaranteed due to a stipulation that prevents any witness from inheriting or otherwise benefiting from a will they witnessed.
2. A no contest clause in most altered wills ensures that anyone who chooses to contest the will in a Court case risks losing all rights to any inheritance should they lose.

Why It’s Important to Be Careful When Attempting to Modify or Alter an Existing Will

State courts and legislatures have added these two clauses to the last will and testament New York policies to prevent people from taking advantage of a testator. For example, if a testator remarried near the end of their life, but that new spouse was putting undue pressure on them to alter provisions in their will, the installed requirements add a safeguard by ensuring non-benefiting witnesses are the ones overseeing the changes and not the spouse.

Yet, while it is designed to help, it can also cause hurt and frustration for those who are not careful and do not follow the advice of their estate attorney in Brooklyn. For example, let us say you are the one initiating that change of will and you have gathered the people closest to you to witness it. Unfortunately, if any of those witnesses benefit in any way from your alterations, even if it is just with an inexpensive painting or similar gift, that last will and testament can be thrown out.

How Strazzullo Law Firm Can Help

Our Brooklyn estate planning attorney is experienced in handling all matters of estate law, including assisting with probate, building up living trusts, and overseeing a change in a last will and testament New York. Contact our team today to learn more about how best to safeguard your assets for your desired beneficiaries.

A guardianship is a legal arrangement where a court grants a person the authority to make decisions for someone who cannot make those decisions for themselves.

If you or a loved one have been under legal guardianship in New York, you know how challenging it can be to navigate the system. Guardianships are necessary for some situations, but there may come when they are no longer needed.

Legal Guardianships: When and Why They Are Necessary

Guardianships may be necessary for many reasons. They are most common in cases where a child’s parents cannot care for them, or an adult is incapacitated due to mental illness, mental deficiency, disease, or mental incapacity. If a child inherits assets, a guardian over the child’s estate may also be needed to protect those assets until the child is an adult.

The most well-known procedure for appointing a Guardian is under Article 81 of the Mental Hygiene Law (MHL). The appointment of a guardian requires clear and convincing evidence, with a court hearing focusing on the functional abilities of the person alleged to be incapacitated. If a guardian is found to be needed, the court can structure or apply guardianship control in a limited way to suit the needs of the individual.

While guardianship is in effect, the guardian is responsible for making decisions on behalf of the protected person. When the protected person is an adult, the guardianship lasts until they can care for themselves. If the protected person is a child, the guardianship lasts until they graduate high school or turns 18 or 21, depending on circumstances.

Avenues for Terminating a Guardianship in New York

How hard is it to terminate guardianship? Terminating guardianship for incapacity or disability in the state of New York can be a complex process, and there are several avenues you can follow to achieve it.

Part of the MHL 81.36 entitled “discharge or modification of powers of guardian” allows the court to terminate a guardianship if the incapacitated person can exercise powers for personal needs or property management or the appointment of a guardian is no longer necessary.

Article 17A of the Surrogate’s Court Procedure Act (SCPA) is another procedural avenue for obtaining a guardian when a person is developmentally or intellectually disabled. However, Article 81 has much more refined requirements than the Article 17A methodology in that there is little room for the court to mold the guardianship powers and implementation.

How Do You Terminate a Guardianship in New York?

The ward needs to initiate the process of terminating guardianship in New York. They must submit a petition to the court that requests the termination of the guardianship. The petition must clearly state the reasons why guardianship is no longer necessary and why it should be terminated. The court will then review the petition and decide based on the facts presented.

Seek Legal Help From Attorneys in Guardianship in NY

If you seek to terminate a guardianship in New York, it is crucial to consult with an attorney with experience handling guardianship matters. At Strazzullo Law Firm, we have a proven track record of success in helping clients navigate the legal system and achieve their desired outcomes.

We know how exactly you should deal when terminating guardianships and ensuring your needs are met. Our experienced lawyers are committed to helping individuals with various legal matters. We understand that legal challenges can be stressful and challenging, and we are dedicated to helping our clients confidently move forward.

We have attorneys across New York, including various regions of New York. Additionally, we have a presence in Nassau and Suffolk Counties and the upstate regions of New York. Whether you are looking for a Brooklyn estate planning attorney or need help in guardianship New York, we can provide you with the legal assistance you seek. Call us now for a consultation.

When a person dies, it is expected that their beneficiaries will inherit their estate, including their property, based on the relationship they had. Since real estate is the most dominant estate asset, this usually means that when the person passes on, transfer real estate law will play a significant role in their estate settlement.

Like most other states, New York has its laws guiding real estate transfers. These laws are meant to help in the resolution of contentious matters such as;

• Title or ownership of the property
• Various building codes issues and violations
• Claims against the property. These claims can be in the form of unfinished mortgages or liens that arise from judgments against the decedent, property violations, or unpaid taxes.
• Property line disputes like adverse possession claims or encroachments

As is evident, there are a lot of complications that can arise when settling an estate. If you want the relatives you prefer to inherit your estate after you pass on, it is critical that you involve an experienced estate planning lawyer.

Need an estate attorney in NYC? At Strazzullo Law Firm, we have some of the best estate planning attorneys in New York.

An Insight Into New York State Probate Rules

You likely already know that you need a will to appropriately pass on your estate to your preferred living relatives when you are deceased. However, just having a will likely is not enough.

New York State probate law directs that only an estate worth more than $30,000 must be probated if there is a will. When there is a will, but the estate is worth less than $30,000, the court can initiate a “small estate proceeding.” An estate lacking a will is not probated but ‘administered.”

Keep in mind that certain assets, such as proceeds of retirement accounts like IRA and 401K, insurance policies, and other accounts with a specified beneficiary, are not put through the probate process.

This means that when the decedent (the person who died) has a will and their estate is valued at more than $30,000, the will has to be submitted to a Surrogate’s Court and be approved for probate. Probate involves proving that the will is legally acceptable (valid). During this process, it must be demonstrated to the court’s satisfaction that the will is the Last Will and Testament of the deceased.

Once the Surrogate (the judge in the Surrogate’s Court) is convinced that the will is valid, the executor named in the will is given the go-ahead to carry out the decedent’s wishes and distribute their estate. The court supervises the estate settlement as outlined.

Executors are often paid a commission, which depends on the estate’s value. Some of the duties of the executor during the estate settlement process are:

• Locating and taking inventory of all your property before placing them under your estate
• Collecting debts owed to your estate
• Paying all your estate’s bills and taxes
• Managing your assets, including making appropriate investments, during the probate proceeding
• Distributing your assets to those you chose and ensuring everyone gets their proper allocation once the probate proceedings conclude

A Case From Queens, New York

Last year, a Queens estate case entitled Matter of Rosenblatt involving estate issues were heard and determined by Queens Surrogate Peter J. Kelly. Since no will was presented for probate, the Queens Public Administrator was picked to be the estate administrator. The Public Administrator sold the decedent’s residential real estate (part of the decedent’s estate) and then settled the decedent’s final account.

However, the grandchild and the spouse, who had moved into the decedent’s estate after her passing, filed an objection to the Public Administrator’s actions in court. They argued that the Public Administrator lacked the authority to sell the real estate since they had the decedent’s will. The Surrogate dismissed their objection because they had not presented the will for probate and allowed the Public Administrator to distribute the real estate sale proceeds.

Do You Need Legal Help From a Brooklyn Estate Planning Attorney?

Our law firm has proven experience handling New York estate planning and probate matters. We will help you create a secure estate plan encompassing a will, power of attorney, advanced health directive, and even living trusts to protect your wealth. Contact us today to learn more about estate planning and probate from our top-notch Brooklyn estate planning attorney.

Have you recently lost a loved one in New York and are uncertain about the legal process for selling assets? Understanding what can and cannot be done during this is essential to save yourself time and money. Our estate attorney in Brooklyn at Strazzullo Law Firm can act as your resource during this confusing and challenging time.

What Is Considered Estate Property?

New York law defines estate property as any real estate, personal property, business assets, and bank accounts owned by a deceased individual. This could include houses, cars, jewelry, artwork, family heirlooms, and other valuable items the deceased owns.

Sold Estate Property for Estate Expenses

In New York State, estate funds can be used for various expenses related to the decedent’s passing. These include cleaning and moving costs, funeral costs, as well as upkeep of both physical and virtual property belonging to the decedent.

These expenses can be an effective way to pay off debts and distribute estate assets more rapidly. However, they could lead to legal problems if creditors believe the executor is not adhering fully to New York State probate law requirements. To be safe, you should consult an estate attorney in Brooklyn at the Strazzullo Law Firm.

What Are Appropriate Estate Expenses?

Estate expenses can be a significant burden for anyone who inherits property in New York. From property taxes and maintenance costs to legal fees and estate taxes, there are many expenses to consider when managing an estate. The following are some of the estate expenses:

Maintenance and Repair of Property Belonging to the Decedent

If the decedent left a home behind, these costs should be covered through their estate. This could include upkeep and repairs on the house, taxes, insurance, mortgage payments, reasonable property upkeep (lawn mowing, landscaping), etc.

Professional Fees for Estate-Related Services

This includes legal and other professional fees paid to an attorney, accountant, and other professionals hired to assist the executor, personal representative, or administrator in managing the estate. They may also include expenses associated with preparing estate or inheritance tax returns and income tax returns.

Funeral and Memorial Expenses

Depending on their nature, these costs are generally allowed as deductions on an estate’s income tax return or estate tax return. However, travel expenses for family members and friends attending a funeral cannot be deducted as estate expenses since they fall under personal expenses. An estate attorney in NYC can help you to classify estate expenses correctly.

Junk Removal

When a loved one passes away, many families face the difficult task of disposing of unwanted items. This can be an emotionally charged and challenging undertaking that necessitates professional assistance to safely remove things that no longer serve any purpose or value.

Estate Administration Fees

In New York, when someone passes away, they often leave behind a will designating an executor or administrator to manage their affairs. This individual is accountable for tracking down assets, valuing them, filing final income and estate tax returns, selling real estate and other estate assets, and distributing those proceeds to the decedent’s beneficiaries.

The executor or administrator is entitled to receive a fee for their services. This fee is determined by the value of estate assets plus any income generated during administration. Commissions may vary based on how an executor performed their duties. They are usually paid after estate proceedings unless beneficiaries waive them in writing.

An experienced estate attorney in NYC at the Strazzullo Law Firm can help you assess how much compensation is owed to you. Your estate attorney in Brooklyn might advise executors to obtain a waiver and consent from beneficiaries before collecting their commissions.

Benefits of Having an Estate Attorney in Brooklyn

Estate planning in New York can often be done independently, but it is wise to consult an estate attorney in Brooklyn at Strazzullo Law Firm for comprehensive coverage. We know the laws, strategies, and tax benefits available to you so that you can plan effectively for the future.

An estate attorney in NYC is essential for planning for the future and safeguarding your assets. Our attorneys assist with everything from writing wills to setting up trusts. Furthermore, we can help reduce taxes on estate or inheritance proceeds and also help avoid probate in case of death.

Our NYC estate lawyers can support you during various stages, such as handling probate proceedings and resolving difficulties while administrating your loved one’s estate. Call the estate lawyers at Strazzullo Law Firm at 800-476-9993 or click here to message us.

Estate planning eliminates family conflicts for your assets when you die. It ensures your beneficiaries get the right portion of your assets and that peace prevails in your family.

In New York, comprehensive estate planning includes wills, trusts, advance care directives, and power of attorney documents. If you wish to create your estate plan and don’t know where to start, estate planning attorneys at Strazzullo Law Firm are here to help you and your loved ones protected in the future.

Below, we have discussed the primary main components of estate planning in New York. Know what you must include for a well thought estate plan.

Will

A will is a vital document highlighting how your wealth will be shared upon death. If you have many assets, the will should show who you want to assume each type of asset upon your demise. This clarification for the wealth division ensures no conflicts regarding your assets’ ownership.

Despite its importance, a will does not cover everything in estate planning, and that’s why you should have the other vital documents included in your estate plan. For now, here are the few things that you must include in your will include:

• Personal information (including full name and date of birth)
• Testamentary intent that proves your document is a will
• List of your assets and beneficiaries
• Appointment of an executor and a guardian
• Signatures from the writer of the will and two witnesses

You can write the will on your own, but it’s advisable to consult an experienced estate attorney in Bay Ridge for help.

Power of Attorney

Power of attorney is another vital document that grants someone you trust the power to act on your behalf. The person you appoint in the power of attorney document should, for instance, make financial decisions when you’ve already passed away or are not mentally stable to manage the issues on your own.

You can grant anyone power of attorney, including your spouse, children, or someone you fully trust. You should write and sign this document while you’re still mentally okay. A few things to have in your power of attorney document include:

• Your name and the chosen power of attorney
• Responsibilities of the selected power of attorney
• Your signature and that of your lawyer

Like a will, a power of attorney eliminates disagreements upon your demise because it gives your agent the power to decide your assets and finances.

Advance Care Directive

An advance care directive document highlights your future medical preferences when you can’t make those decisions. This document is essential to you, your family, and healthcare professionals because they don’t have to worry about what to do when you are sick.

An advance care directive ensures you get the treatment and relieves stress to your family when you get ill. This estate planning document is vital to everyone, especially if you’re:

• Elderly
• Have chronic illnesses
• Approaching the end of life
• Have multiple underlying conditions

A directive care plan should include all details regarding your medical procedures, including whether you need surgery, the medicines you should take, whether you would like to donate organs, and many more. Work with a knowledgeable Brooklyn estate planning attorney to help you create the perfect advance care directive for you.

Living Trust

A living trust is a legal arrangement that allows you to decide how your wealth/assets will be managed when you’re alive and dead. While a will highlights your wealth management only when you die, a living trust applies to when you are alive and dead.

When writing a living trust, you should choose a trustee who will manage your health while alive. In case of your death, the trustee will follow your wishes to transfer the wealth to your beneficiaries.

The trustee you choose has a fiduciary duty to manage your wealth well and adhere to your wishes according to the agreement. There are two main types of a living trust, revocable and irrevocable. In a revocable trust, you can easily change the details, while it’s not easy to change an irrevocable trust. Nevertheless, all living trusts aim to delegate and protect your assets for peace of mind.

New York Estate Planning Attorneys Can Help

Estate planning involves making well-thought decisions for the people you care about. Therefore, you should have a legalized plan for creating the plan.

Contact the Strazzullo Law Firm for help and guidance if you need a New York estate planning attorney. Our legal team helps New Yorkers like you navigate the complex estate planning journey, and we’ll gladly offer help.

Estate planning is crucial to leaving behind documentation and explicit instructions concerning your possessions. This makes the process of administration easier whether the estate goes into probate or not.

Navigating the complicated world of probate is made easier with proper legal guidance. Strazzullo Law Firm specializes in New York state probate law and can provide advice and assistance.

Probate in New York

Probate New York statutes dictate that an estate must be valued at a minimum of $30,000 to be entered into probate when there is a will. For example, if a mother leaves her estate with personal effects, a vehicle, some clothes, and a property worth $250,000 and has left a will behind, this estate would be entered into probate.

The reason here is that it’s necessary to validate the will before the distribution of assets can begin by the named executor and also because the total valuation is within the range for which probate is the required step.

Probate cannot be administered by a person under the age of 18, and the executor must meet with court approval and cannot have been convicted of certain categories of crime.

Estate Worth

Estates worth between $50,000 and $500,000 are required to go to probate, and those between $500,000 and $1,000,000 also likely have to go through this procedure.

An Estate Under $50,000

When a loved one has passed away, it’s important for a judge to determine whether the estate will go into probate.

New York state probate law determines that estates that fall under the value of $50,000 don’t need to enter into this process. These amounts can vary based on the county and will also increase based on whether the person is married or has children.

An Estate Over $500,000

Probate is conducted to confirm a will, and in cases where there is no will, it must also go to probate by default. If, in a hypothetical scenario, a father left behind no will and named no one as an administrator, and held $500,000 in assets – these would go into probate.

This is because the court would have to decide who to task with the position of executor and because the asset valuation falls within the state criteria.

An estate attorney in Bay Ridge is invaluable in assisting with the required protocol in planning your estate and ensuring the proper paperwork is filed correctly. Also, if the executor or the survivor, securing legal representation can ensure inheritances are administered according to the law.

Assets Not Qualified for Probate

Certain classes of financial assets don’t qualify for probate. These can include:

• Pension plans, but it’s important to note that these are, nevertheless, passed down to heirs.
• Investment accounts of varying types also don’t need to go into probate, such as IRAs and 401(k)s. Life insurance policies may pay out a death benefit with cash value that must be distributed among inheritors but doesn’t need to go through the courts.
• Real estate is also exempt from this process unless the property title in question is held in tandem between the decedent and someone else’s name jointly.
• If the items of interest have no monetary value, however, they do not need to pass through probate but can be transferred directly to the family.

Another function that probate performs is ensuring that the debts of the deceased are paid prior to the administering of the assets to the various inheritors. These proceedings occur in an arena called Surrogate’s Court and happen in the county in which you reside.

It’s vital that the executor file the original will along with a signed petition that lists the date of death, named beneficiaries, and estimates how much the estate is worth. This must be done while not under duress or undue influence and with the soundness of mind. The executor is then responsible for collecting debts, making sure bills and taxes are paid, making pertinent investments, and delivering assets to inheritors.

No matter what you are into, want to avoid probate, or are about to face probate for someone’s estate, call us to discuss the specifics of your situation to know more about New York state probate rules. Our Brooklyn estate planning attorneys will be committed to helping you throughout the process.