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How do I find Probate Homes?
Estate Planning

How do I find Probate Homes?

Real estate investors need homes that sell below the market price to make a profit. While foreclosure and short sale properties offer potential profits, there’s

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Probate Assistance
Estate Planning

Probate Assistance

What is Probate Probate is the process of proving the validity of the Last Will of the decedent in Surrogate’s Court. It is a complex

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Definition of Guardianship
Estate Planning

Definition of Guardianship

Definition of Guardianship? A guardianship is a legal relationship that gives one or more individuals the authority to make personal and health-related decisions on behalf

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Role of a Probate Lawyer
Estate Planning

Role of a Probate Lawyer

As the old saying goes, you can’t take it with you when you die. But a probate lawyer can help surviving family members settle your

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Are Probate Records Online?
Estate Planning

Are Probate Records Online?

You may want to know if a loved one’s estate has been settled after their death or perhaps you just found out that a family

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Need to File a Probate
Estate Planning

Need to File a Probate

What is Probate Probate is the term for a legal process in which a will is reviewed to determine whether it is valid and authentic.

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Framing Britney Spears
Estate Planning

Britney Spears Conservatorship

Britney Spears Conservatorship: Guardianship and Conservatorship 101 Britney Spears, an outstanding pop female singer hits headlines with her controversial conservatorship program. She has been having

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Does a 401K go through Probate ?
Estate Planning

Does a 401K go through Probate ?

A 401(k) plan is a tax-advantaged, defined-contribution retirement account offered by many employers to their employees. It is named after a section of the U.S.

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Local Probate Lawyer
Estate Planning

Local Probate Lawyer

As the old saying goes, you can’t take it with you upon your passing. But a probate lawyer can help surviving family members pay off

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Probate Lawyer in Brooklyn NY

After the death of a testator (the owner of an estate) the individual’s estate undergoes probate. This process, which is usually expensive, time-consuming and stressful,

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Find the Best Estate Planning Lawyer near you
Estate Planning

Probate Lawyer in Queens NY

When you pass on, there is a huge tendency that your estate will undergo probate, unless you created a plan to bypass the process. In

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How Much Does Probate Cost?
Estate Planning

How Much Does Probate Cost?

Probate is a legal system which has been designed to regulate the passing down ownership rights of the assets in the estate of a deceased

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Probate in Buffalo NY

Probate is a legal process which is used by the court of law to determine if the last will and testament of a deceased person

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At the point when the individual who passes had a Will then the Will should be documented in Surrogate’s Court and conceded for probate. Probate is the most common way of demonstrating that the Will is legitimate. During probate, the Will has demonstrated as per the general inclination of the Court that it’s the Last Will and Testament of the individual who passes. When the judge in Surrogate’s Court, who is known as the Surrogate, is persuaded that the Will is legitimately OK, the Executor named in the Will is named to give out the home that had a place with the individual who passed on and complete the desires of the person. The Court regulates this cycle. On the off chance that the Decedent passed on without a Will, an organization continuing ought to be documented.

The Executor records the first Will and a guaranteed demise declaration, an archive that has the date and area of an individual’s passing, alongside a structure called a probate request in the Court in the district where the individual that died resided and had their main living place.

Relatives qualified for a portion of the perished individual’s property are called beneficiaries. The Decedent’s beneficiaries should likewise be recorded in the probate request. Distributees should be presented with a notification, called a reference. The reference gives the Surrogate’s Court purview over them. This implies that the Court has the ability to conclude the freedoms of individuals included.

The distributee can sign a waiver and agree to the arrangement of the Executor or come to court to contradict the arrangement. Recipients who will acquire something under the Will should be advised of the probate continuing. As a rule, it very well may be really smart to get a legal counselor.

FAQ

  1. If my spouse dies, do I get his social security and mine?

Yes, according to the surviving spouse law, you’re able to collect all funds from his or her social security onto yours.

2.  What is a pour-over will?

A pour-over Will is a Will written and documented stating the actions needed to be done through the trustee which will be transferred to him or her. The truster is someone who’s responsible for many assets to be taken care of or sent to assigned beneficiaries.

3. Who qualifies for Medicaid in NY?

Women who are pregnant or those with children over the age of 18, seniors, and those with disabilities. Disabilities such as blindness, deafness, etc, or physical injury are also eligible for Medicaid.

4. What is elder law?

Elder law handles long-term care including future medical care, special needs care for those who are handicapped or mentally disabled, and estate planning from ages over 50. This type of law also handles cases with elder abuse as long as there’s evidence of these sorts of cases. Elder abuse can come from members of the family and the elder can approach a lawyer to report this sort of behavior to prevent manipulation of your estate plan.

5. Does transfer on death avoid probate?

The transfer of death only makes the probate process much more difficult having you provide additional details and reason for the transfer. This makes the process longer and if it’s longer, it’ll be more expensive. The only way to avoid probate is through a trust because everything would be set up or planned ahead, especially the transfer of death.

6.   Are living trusts revocable or irrevocable?

A living trust can be both but with an irrevocable trust, you cannot change anything that’s been documented unless you discuss the changes with all beneficiaries and court.

7. If my spouse dies do I get his social security and mine?

Because of the laws of Estate Planning, there’s something labeled, the surviving spouse clause where if one spouse dies, the surviving spouse gets his or her assets. The only assets not provided would be government funds that the spouse still owes or would actually lose the entire thing because of labeled ownership unless there’s a Will stating rights to owning these finances.

8. Why do I need an elder law attorney?

The only reason you should have an elder law attorney is to have a lawyer to care for cases that are related to future needs leading to promising medical care that can protect yourself and your assets including your estate. An elder law attorney can also protect you from elder abuse that you can report to your lawyer and court.

9. What happens if you die intestate?

Who’s ever married to you or related to you by blood gets your inheritance through the surviving spouse gets it all unless the Will or trust says differently.

10. How long can you receive unemployment in NY?

In the state of NY, you can collect unemployment for 26 weeks but with the pandemic happening, it can go as long as this is drawn out.

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