The Law Offices Of Roman Aminov is an award winning law firm with multiple offices in the Boroughs of New York City. The firm is rated as a “Rising Star Super Lawyer” by Thomson Reuters (the operator of FindLaw) and is also the recipient of the coveted AVVO “Superb Perfect 10 Rating”. Roman Aminov provides estate planning, probate & elder law services at his Queens, Brooklyn & Manhattan offices.
Estate and Probate Law FAQ (By The Law Offices Of Roman Aminov).
Q: What is Probate or Estate Administration?
A: Probate is the process of having your loved one’s will admitted by the court so that you can collect their assets and pay off their debts. Estate administration is a similar process, but is necessary when the decedent did not have a will.
Q: What does dying intestate (or intestacy) mean?
A: When a person dies without a will, they are said to have died intestate and their assets pass to their next of kin, as defined in EPTL 4-1.1. Their estate sometimes needs to go through estate administration instead of probate, since probate means a person died WITH a will.
Q: If someone dies, must I have to go through the estate/probate process?
A: If the decedent had assets which were jointly owned, or had beneficiaries, or which were a trust and the decedent did not have a pending lawsuit and there is no claim for wrongful death then, generally but not always, an estate may not be necessary. However, each situation should be discussed with a competent NY estate attorney.
Q: How long does the estate process take?
A: That all depends on how many heirs and beneficiaries survived and how easy it is to find them, how the will is drafted and executed, which county the decedent was domiciled, and whether anyone will challenge the estate process. The best way to get a sense of the timeline is to present all the facts to an experienced estate attorney who can use his or her experience to give you an approximate time frame.
Q: Do I need a lawyer to help me through this process?
A: While you are not required to work with an attorney, it is often easier, faster, and less stressful to hire a Queens, Brooklyn or NYC attorney who is experienced in the process. There are many pitfalls to avoid and possible shortcuts to take. At the very least, you should consult with an estate attorney about your particular case before deciding to handle it on your own.
Q: How much does it cost to hire a probate/estate attorney?
A: That depends on many factors, but often times you can get a flat fee quote on the phone with no obligation.
For any other questions, feel free to call our office for free no obligation phone consultation.
Queens Office Map, Contact & Directions:
Law Offices Of Roman Aminov 147-17 Union Turnpike, Flushing, NY 11367 (347) 766-2685
Brooklyn Office Map, Contact & Directions:
Law Offices Of Roman Aminov 1600 Avenue M, Brooklyn, NY 11230 (347) 766-2682
Manhattan Office Map, Contact & Directions:
Law Offices Of Roman Aminov 260 Madison Ave #204, New York, NY 10016 (212) 201-9299