Legal Question in Wills and Trusts in New York

probate,trusts,wills &estates

mother passed in 2007 she left a will. i have not done anything with it what is next step


Asked on 5/15/08, 10:43 am

3 Answers from Attorneys

Anthony Park Anthony S. Park, PLLC

Re: probate,trusts,wills &estates

If your mother died owning property in her name (i.e., real estate, bank accounts, brokerage accounts) without any beneficiary designation, then you must probate the will in Surrogate's Court to obtain court authority to transfer the property to the beneficiaries named in the will. Feel free to contact my office for a brief complimentary consultation.

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Answered on 5/15/08, 10:46 am
Michael Markowitz Michael A. Markowitz, PC

Re: probate,trusts,wills &estates

Assuming there are assets, your next step is to probate the will. Probate means that the Court recognizes the will to be valid. Upon probate Letters Testamentary will be issued to the executor, to allow the transfer of property under the will.

PLEASE MAKE SURE to not write on the original will. Do not add or staple any documents to the original will. If you must copy the will, do not alter the document in any manner. Do not remove the staples on the original will.

I charge a very reasonable fee for probate if you need an attorney.

Mike.

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Answered on 5/15/08, 11:02 am
Walter LeVine Walter D. LeVine, Esq.

Re: probate,trusts,wills &estates

I agree with Tony and Mike that if there are any assets in your mother's sole name that do not have a designated beneficiary or joint owner with her, that the Will needs to be probated and the estate administered in accordance with the Will (payment of bills and expenses, filing of necessary tax returns and distribution of net assets as the Will provides). If you need further help, contact me directly.

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Answered on 5/15/08, 11:49 am


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