New York City Probate and Estate Planning Lawyer
Comprehensive Legal Help For Probate & Trust Administration Matters
Probate and trust administration matters can be exceedingly complex, especially in cases where a family disputes the validity of a will or a will is not present.
If you and your family are confronted with probate or trust administration issues, it is critical that you reach out for seasoned legal help as soon as possible to protect your rights and best interests. In cases where a family member has passed, legal support can assist you in advocating for the wishes of your deceased loved one.
When an individual passes away and has a will in place, the executor named in the will then becomes responsible for finding, securing and managing the deceased's assets. Depending on the deceased's unique circumstances, assets may need to be liquidated in order to cover debts. If a family member disputes the validity of the deceased's will, the process becomes even more complex.
Even the smoothest probate process can last for months or even up to a year. If you are named an executor of a person's estate or are otherwise involved in the probate process, it is critical that you have adequate legal support. The Zeltser Law Group understands New York probate laws and can help you navigate through the challenges ahead.
In the event that an individual passes away and does not have a will in place, the deceased's assets will need to go through what is called estate administration. In this case, a New York judge appoints an administrator of the estate, whose job is similar to that of an executor in that he or she is responsible for ensuring that the deceased individual's financial affairs are resolved, all debts are settled and remaining assets are distributed to the deceased's family members.
When an individual dies intestate, or without a will, the estate administration process can become exceedingly complex. At the Zeltser Law Group, we have the expertise and resources to help protect your rights and the final wishes of your loved one in the event that estate administration becomes necessary.
Executors And Administrators
Executing a will or administrating an estate is complicated, and there are many New York laws that must be adhered to during the process of resolving the financial affairs of a deceased individual, particularly when it comes to debts and taxes. The Zeltser Law Group can provide you with comprehensive legal support as you move through the process of execution or administration.
Ancillary Probate And Administration From Out Of State
Ancillary probate is a probate process that is required in addition to traditional probate when the deceased individual owns property in a territory other than their home state. Often this is a home, but it can be any property, including vehicles, oil rights and livestock.
Without adequate legal representation, ancillary probate can become quite costly and time-consuming. By working with an experienced New York probate lawyer, you can prevent the potential pitfalls associated with ancillary probate and ensure that the entire process goes as smoothly as possible.
In the case where a spouse has passed on, the surviving spouse has a right to an elective share of the estate. This prevents husbands and wives disinheriting their spouses or writing their spouses out of their will. Although this law exists, it can be difficult to assert your claim to the elective share of your spouse's estate without legal help.
At the Zeltser Law Group, we understand the complex laws surrounding probate and spousal election, and can provide you with zealous legal representation in order to obtain what is rightfully yours.
In cases where a deceased individual's will or estate is contested, estate litigation may become necessary. Estate litigation can involve proving the validity of the deceased's will, or it can be the claim of a creditor to whom the decedent allegedly owes money against the estate.
Estate litigation can tie up the decedent's assets for months or even years, which is rarely beneficial for those involved. By working with a seasoned New York probate lawyer, you can decrease both the time and cost required to litigate a decedent's estate.
Last Will And Testament
A last will and testament is a critical document that everyone should have, especially those who have significant assets that they would like to distribute among their loved ones following their death. While many people put off making a will until a later date, it's almost impossible to know when it's too late until after it is, in fact, too late.
At the Zeltser Law Group, we can help you draw up a legally binding will that reflects your final wishes, so you can have peace and comfort knowing that your wishes will be carried out after your passing.
A living will, also called an advance directive, is a document that clearly outlines how you want your medical care to proceed in the event that you become incapacitated and are no longer able to voice those wishes yourself.
This may include being resuscitated or not resuscitated, or being kept on life support or being taken off life support. A living will is just as important as a last will and testament, and our office has the expertise and resources to help you create a living will that outlines your wishes for end-of-life care.
Health Care Proxy And Power Of Attorney
In some cases, it is necessary for another person to take control over certain aspects of another person's life. For example, in the event that a person becomes incapacitated in some way, they may need an individual to take control over their financial and legal affairs, or their health care.
A health care proxy is allowed only to make health care-related decisions for an individual, whereas a power of attorney generally gives a person power over an individual's legal and financial matters. At the Zeltser Law Group, we have the skills to help individuals choose a health care proxy or a power of attorney, as well as help those who need to become health care proxies or powers of attorney for others.
A guardianship is similar to a power of attorney in the fact that a person is appointed to make important decisions for another person who is incapacitated in some way. However, the key difference with a guardianship is that a guardian is responsible for much more than simply health care, legal and financial affairs.
A guardian must ensure that his or her ward is safe and cared for, both physically and mentally, and their daily needs are met. Our experienced lawyers can help families faced with guardianship issues find the best path for them.
Contact The Zeltser Law Group Today
Don't let probate, estate administration or guardianship issues wreak havoc on your family. At the Zeltser Law Group, we can help you and your loved ones navigate through these complicated legal matters as quickly and efficiently as possible.
Let us help protect your rights and best interests today by scheduling an appointment online, or call us at 718-831-2529.