Probate Lawyer
Many people think probate is a bad word and something they should try to avoid. As a probate lawyer, I like to take the mystery out of the process. It really isn't necessarily something to be avoided. If your loved one took the trouble to make a will, a probate proceeding is simply the process of having the will declared an official document so that the terms of the will can be carried out. The probate laws are designed to protect families from phony or improper wills being used. The probate process provides assurance that a will is proper, and that the will-makers wishes are followed.
In probate, there are certain formalities that have to be followed. As a lawyer with 25 years of probate experience in New York, I will help you get those formalities done as efficiently and inexpensively as possible. Every case is unique, and I will explain exactly what needs to be done and how long it is likely to take.
I often advise the person who is responsible for carrying out a will. This person is called the Executor. I take pride not only in advising the executor in how to get the will probated, but also how to administer the estate after the will is probated. The executor has certain fiduciary responsibilities. I make sure that executors are well advised, that they do what they are supposed to do, and that their actions will stand up to court scrutiny if necessary. I also help them carry out the terms of the will, make sure the proper taxes are paid, and bring the probate to a completion. That is very important. Often, probate matters get to a certain point and then languish. I make sure that doesn't happen. I
When a probate matter is completed, the person who is the executor files either a formal or informal accounting of what they did. In many of the estates I handle, we can do an informal accounting because what the executor did was so clearly correct that everyone involved in the estate simply signs off and doesn't object. There are situations where you need to do a formal accounting. This would be if there is a disagreement about the assets, if there are claims against the estate, or if there are charities involved. In those situations, we do a formal accounting (a special court proceeding) where all parties have a right to be heard, and if it cannot be resolved, the Surrogate's Court will resolve it.
I like probate and estate administration because it gives a sense of order and completeness to a person's life. I also feel a sense of accomplishment when a person's wishes are carried out.
Contact me, probate lawyer Barry Seidel, for more information or to set up an appointment.
Learn more about probate: visit our Probate Information Page.
Se Habla Español / Spanish language services available
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Queens probate lawyer Barry S. Seidel serves clients in New York City, including Queens, Long Island, Brooklyn, Bronx, Manhattan, Staten Island, Nassau County, Suffolk County, and Westchester County.
