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Articles Tagged with ny probate lawyer

Estate planning is an important step in making sure your assets are secure and will be distributed according to your wishes when you die. It can be a complicated procedure, but an experienced New York estate planning attorney can help you make sure that your estate plan is comprehensive and in line with your particular wishes. However, it is important to remember that once you create an estate plan you should take steps to make sure it is secure and remember circumstances may arise that require you to revisit your estate plan and even possibly revise it.

Where should you keep your estate plan?

It is important to keep your estate plan in a secure location with limited access that will protect it from being damaged. Some individuals choose to use a safe deposit box at a bank while other choose a secure home safe option. If you elect to use a safe deposit box at a bank, it can sometimes be difficult to access that box if you pass away. This difficulty will prolong opening your estate and carrying out your wishes. However, safe deposit boxes do offer an extra layer of security for important documents within an estate plan.

AN IMPORTANT AND SOMETIMES THANKLESS JOB

There are times in life when we all will have to do or engage in a thankless job.  One such time is when a close friend or a family member asks you to be the executor of their estate.  The difference between an executor and an administrator of an estate is small but noteworthy.  An executor is someone who is appointed by the terms of the will itself to administer the estate.  If there is a trust document to convey property to heirs, they are then known as trustee.  

An administrator is the title for the person who appointed to administer the estate by the Court when someone dies intestate, or without a will, or when the appointed executor refuses or cannot complete the task.  In either event the probate Court Judge must approve of the selection.  A recent survey by U.S. Trust found that three-quarters of high net worth individuals choose a family member or close and trusted friend to be the executor of their estate and two-thirds of the same people chose a friend to be the trustee for their testamentary trust.  The process is started when the executor presents the will and a death certificate to the Surrogate Court in the County in which the deceased resided.  The Court then issues letters testamentary to the executor, which is when the hard work begins.

        The death of a loved one is an especially traumatic event. Lives can be upended and surviving family members and friends can be left feeling lost and confused about how to carry on. This is especially true when the death occurs suddenly or under tragic circumstances. Unfortunately, the law does not provide grief-stricken family and friends much time to mourn their loss before important work must be done. This important work involves admitting the deceased’s estate to probate and then administering that estate.

        In New York and elsewhere, an individual who dies with a will or similar document in place is said to die testate. If a person does not have such a document in place, the person dies intestate.

  •         Dying Testate: If the deceased left a will, the first step of administering the estate involves probating the will, or proving the will’s validity. Usually this involves simply introducing the will into the appropriate court. Once the will has been probated, the executor or administrator named in the will is tasked with carrying out the wishes of the deceased as expressed in the will, settling any lawful debts the deceased must pay, and providing an accounting or report to the court showing that the deceased’s assets were dispersed according to the terms of the will.
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