Estate Planning refers to the process of laying out a strategy while one is still alive to ensure they have an adequate will, inheritance plan and long-term healthcare. Probate on the other hand is the legal process after a death required to legally claim any part of a loved ones estate whether a will was left behind or not. The Law Offices of Roman Aminov helps Queens, NY residents with both of these critical life changing legal processes.
What is the Difference Between Probate and Estate Administration?
Probate is the process of having a last will and testament of a decedent admitted to the Surrogate’s Court. Administration is the process of having the next of kin appointed to administer the estate of a decedent who died without a will, also called dying intestate.
How Much Does an probate Estate Lawyer in NYC Charge?
Many estate attorneys charge a flat fee for their work, especially for straightforward matters, while others charge hourly for their time. It is best to find out all of the different payment options an attorney can offer you before you proceed.
What Do I Need to Probate a Will?
You need the original will and a death certificate to begin the process. Your estate attorney will prepare the other necessary paperwork for you to review and sign. Typical documents required in the probate of a will are a petition, waivers, citations, affidavits of comparison, and notices of mailing, among others.
What is the Difference Between a Will and Estate Planning?
Estate planning is the process of making sure that your assets pass to your loved ones in an organized and efficient way. There are many tools that can be used to accomplish that goal such as trusts, beneficiary designations, TOD and POD accounts and, of course, wills,among others. A will is an important tool used in the process of planning an estate and is one crucial part of a bigger plan.
Is a Trust Better than a Will?
A will requires a court process known as probate if there are assets left in your name without beneficiaries. A trust allows you to avoid probate entirely, thereby saving your family months of time and thousands of dollars. A trust is an important tool used to avoid probate and therefore should be discussed with your estate planning attorney to see if will benefit you and your family in the future.
Senior Citizens & Elderly Legal Planning:
At the Queens elder law offices of Roman Aminov we understand that, as you age, you may be concerned about how to obtain the care you need and how to pay for it. You may also be concerned about understanding the extent of your assets and how they will be distributed upon your passing. We assist families and individuals in successfully planning for their retirement, possible incapacity, and eventual passing. By utilizing asset protection techniques, we help our clients qualify for Medicaid NYC for both home based services and nursing home care without depleting their hard earned resources. We work hard to ensure that your assets pass to your loved ones and not to Medicaid.
Law Offices Of Roman Aminov:
Lost a loved one? We can help you navigate the legal process known as probate or estate administration. Transferring assets from someone who passed away can be a very daunting task. The Law Offices of Roman Aminov is here to help you every step of the way from the court room to the collection of assets to the distribution.
Probate: If the decedent passed away leaving a will, the will has to be presented for probate in the Queens Surrogate’s Court (For Probate) or a similar court in the the county in which they lived. The will names an executor to administer the estate, and an estate attorney assists the executor in filing a petition to the court and going through the probate process.
Estate Administration: If the decedent did not leave a will, the next of kin can file a petition for estate administration in the Queens Surrogate’s Court. An estate administration lawyer from our office can assist in this daunting task.
Speak to Roman Aminov, NY’s premier Wills & Trusts attorney, today for a free phone consultation at 347-766-2685.
It is vital for every person, especially individuals with families, to know what is going to happen to their assets after their eventual passing. It is just as important to avoid any unnecessary fees and estate taxes. A free consultation with an estate planning attorney to review your current financial, familial, and health situation is the first step towards gaining clarity in understanding who will watch over your minor children, how you will be buried, and how your assets will be distributed after your passing. At The Law Offices Of Roman Aminov we work together with you and your advisers (financial, tax, etc) to analyze your current situation. We then develop a custom tailored and comprehensive estate plan which may include a last will and testament, a durable power of attorney, a health care proxy, testamentary trusts, a living trust, an irrevocable trust, and other transfer techniques designed to effectuate your wishes while saving estate taxes. We also look at your health care situation and advise you if an a Medicaid Asset Protection Trust is right for you. These long term elder law related issues are critical to planning for your golden years. We professionally and diligently execute the proper documents and advise you on how to notify executors, trustees, and potential legal guardians.
Tips For Selecting A Local Attorney:
1. Find an attorney who will listen to your unique problem or concern. 2. Determine that the lawyer has experience in dealing with the Queens Surrogates courts. 3. Read reviews past clients have left for the lawyer. 4. Find out how lawyer charges i.e. hourly, flat, or on a contingency basis. 5. Make sure that there is a good level of trust between you and the estate attorney.
Benefits of Hiring The Law Offices Of Roman Aminov:
1. Provide peace of mind for your loved ones. 2. Plan for incapacity. 3. Save legal fees, taxes, and court fees by using a qualified Estate Planning Lawyer in Queens 4. Appoint guardians for minor children. 5. Give your assets to who you want to have them; not to whomever the state decides under intestacy.
