As the saying goes, “nothing is certain but death and taxes.” In the context of estate planning, this reality drives the estate planner’s desire to minimize taxes upon death as much as possible. In fact, the world of estate planning is consumed with the minimization of taxes in all of its forms. New York estate […]

I am often asked, Roman, How Long Does It Take For A Will To Go Through Probate in NY? The answer always depends on the particular circumstance of the case. Variables such as whether the will is being contested by an interested party, the size of the estate, the nature of the assets in the […]

Many people think that probate is always a long and expensive process. In reality, most probate matters are handled quickly and efficiently. What's The Cost Of Probate in NY? Assuming that no one is contesting the will or challenging the appointment of the executor, and assuming all of the decedent’s next of kin (called distributees) […]

Imagine buying a beautiful new family car, taking it home, and leaving it parked in your garage. Then, instead of using your shiny new vehicle to transport your family, you use public transportation to get you and your family around. As silly as that sounds, that is what happens to many clients who establish trusts […]

As an estate planning and probate attorney, I am often involved in the sale of real estate that my clients inherited and have to deal with a very important question: “will my client have to pay capital gains tax on the sale”? As a brief introduction, capital gains tax is the government’s way of taxing […]

If you have been named as the executor of a decedent’s last will, you don’t have authority to sell or distribute their assets until you have been appointed by the Surrogate’s court. That process, called probate, can take many months, especially if someone is contesting the will. The appointment of an executor is formally made […]

Being an executor or administrator of an estate come with many responsibilities. Collecting and insuring the estate’s assets, paying valid debts and expenses, filing income taxes, and list goes on. That’s why most clients look forward to the final step in the estate process with great anticipation. That final step, known as the accounting, is […]

People (usually those who have been disinherited) often wonder if they have any rights to contest a last will and testament of a loved one which they believe to be an invalid will. There may be many reasons why they believe the will to be a sham; a forgery, duress, lack of mental capacity, undue […]

In order to probate a will, i.e. to have it accepted by the Court as the decedent’s Last Will and Testament, New York States Surrogate’s Courts require the original Will to be turned over to the Court. What happens, however, if the original Will is lost or destroyed? Can a copy of the Will take […]

As an Estate Lawyer, I often get phone calls from clients who have successfully obtained letters of administration for the estate of a loved one, but can’t sell the real property or even transfer it to themselves. The reason is that when a decedent dies owning real estate, the Kings County Surrogate’s Court in Brooklyn […]