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Frequently Asked Questions about Probate and Estate Administration

Q: What is probate?

A: In general, probate is the court procedure by which a will's validity is proved, assets collected, creditors paid and the remaining assets distributed to beneficiaries under the will.

Q: What is a will contest?

A: A will contest is a legal action that challenges the validity of a will and/or the terms of the will. Will contests typically involve allegations that a will was inadequately executed, invalidated by a later will or was the result of forgery or undue influence.

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A will contest can result in a significant delay in the distribution of a loved one's assets. Also, because the costs of will contest are paid out from the estate, the available funds can be significantly depleted. If you are concerned that a will may be subject to a will contest, contact an experienced probate and estate administration attorney right away.


Probate and Estate Administration Information Center

For any probate or estate administration matter, it is important to have an experienced attorney representing your interests. At Goldberg Sager & Associates , our experienced lawyers help people throughout the New York area in litigation and non-litigation matters. On our main probate and estate administration page, we discuss our experience and ability in this area of law; on this page, however, we provide more general legal information you may find useful.

To consult with one of our attorneys, please visit this Web site's contact page or call 718-645-6677 or toll free 1-877-NEED-LAWYER at any time, 24 hours a day, 7 days a week. We are a client-centered law firm, and will lend to your case the attentions of a qualified attorney. Our practice spans the New York City area, including Manhattan, Brooklyn, Queens, the Bronx, Staten Island, Long Island, Westchester, and surrounding counties.


Goldberg Sager & Associates, Attorneys at Law
1628 Kings Highway
at East 17th Street
Brooklyn, NY 11229-1210
Phone: (718) 645-6677
Toll Free: (877) NEED LAWYER
Fax: (718) 339-7823
Email
View Map

Probate and Estate Administration - An Overview

Estate administration refers to the process of probating the estate of a decedent, which generally includes collecting, inventorying and appraising assets; paying and collecting debts; filing and paying estate taxes; and distributing any remaining assets to beneficiaries. An attorney experienced in probate and estate administration can help simplify this complicated process. If you need help in the administration of an estate, contact our firm today to schedule a consultation with a probate attorney.

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The Probate Process

Probate is the court process used to determine the validity of a will and oversee the payment of creditors and distribution of estate assets. Even if there is no valid will at the time of death, the estate will still go through the probate procedure. Since probate is regulated by state laws, there are specific procedures prescribed by each state for carrying out the process.

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Role of the Executor

An executor is the person named by the creator of the will (the testator) to carry out the terms and provisions of the will. In addition to locating important documents and notifying Social Security, pension providers, annuity providers and other entities of the death, the executor has numerous other legal responsibilities.

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Avoiding Probate

Assets disposed of outside the probate process are part of the non-probate estate. Because a probate proceeding is not required, these assets are distributed more quickly to the appropriate beneficiaries. Many people seek out these assets and ownership models to save their loved ones from the difficulties associated with going through probate.

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Will Contests

The fact that a person leaves a will does not guarantee that her or his property will be distributed according to the will's terms. A court generally must provide an opportunity to allow others to object to the will, and a legal challenge, called a will contest, may be brought by anyone with an interest in the will who believes it is invalid.

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We would be happy to answer any further questions you may have or review your case free of charge. Call 718-645-6677 or toll free 1-877-NEED-LAWYER at any time, 24 hours a day, 7 days a week, and you will reach a person who can set up an appointment with one of our lawyers. You can also visit our contact page, send us an e-mail, and we will respond quickly. Our attorneys help people throughout the New York City area, including Manhattan, Brooklyn, Queens, the Bronx, Staten Island, Westchester, Long Island, and surrounding counties.

Goldberg Sager & Associates, Attorneys at Law
1628 Kings Highway
at East 17th Street
Brooklyn, NY 11229-1210
Phone: (718) 645-6677
Toll Free: (877) NEED LAWYER
Fax: (718) 339-7823
Email
View Map


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For information on Probate, Estate and Elder Law, please visit us at Brooklyn Probate and Estate Lawyer Website

For information on Family Law and Personal Injury, please visit us at Brooklyn Family Attorney Website


1628 Kings Highway
Brooklyn, NY 11229-1210
Phone: (718) 645-6677
Fax: (718) 339-7823
Email
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Goldberg Sager & Associates - Attorneys At Law