New York Probate Lawyer
At Rusk, Wadlin, Heppner & Martuscello, LLP, our New York probate lawyer helps executors, beneficiaries, and heirs navigate the probate process in New York, providing advice and guidance to advance and protect our clients’ interests.
Probate Process in New York
Probate is the legal process of formally transferring a deceased person’s assets to his or her beneficiaries or heirs, and settling any final debts. If the deceased person had a will, the terms of the will are followed when distributing property and settling the estate. If the deceased person died without a will, then New York’s laws of intestate succession are applied by the probate (Surrogate’s) court.
If you are named the executor of a will, you must complete many steps to effectively perform your executory duties, from filing and publishing the will to valuing the deceased person’s assets to obtaining Waivers of Service and witness affidavits. Then you will need to attend a probate hearing before you can distribute property and pay debts.
How Our Kingston Probate Attorneys can Help
Our probate lawyers will work with you to navigate the probate process smoothly, taking advantage of benefits whenever possible (such as eliminating creditors’ claims) while avoiding the potentially costly errors made by less experienced probate attorneys. As the executor of the estate, you owe fiduciary duties to the estate, as well as to other interested parties, such as heirs and beneficiaries, creditors and others with a potential claim against the estate. Failing to conform to these fiduciary duties can put the probate in jeopardy and even expose you to personal liability. The job of executor is often a labor of love and sometimes a thankless task, but it is never one to be taken lightly. Make sure you get the help you need by working with experienced New York probate lawyers who are familiar with the courts in your county.
At Rusk, Wadlin, Heppner & Martuscello, LLP, our estate administration attorneys have been handling probate matters in Ulster County Surrogate Court and Surrogate’s Courts in nearby Orange and Dutchess counties for over 140 years. We can help you make sure that your duties are faithfully and competently carried out, and that the intent and desires of the testator are fulfilled.
Experienced Professional Advice & Representation in Hudson Valley Probate Matters
If you have been tasked as executor to probate a will in the mid-Hudson Valley, contact our probate lawyer today for immediate assistance and practical advice on how to proceed, in Kingston at 845-236-4100, or in Marlboro at 845-236-4411.
