Long Island Probate Attorney

When someone is deceased, the legal process used to split all of their belongings is officially known as probate. In this process, a "petition" will legally open the estate. After the estate has been opened, a representative will be named who will oversee the administration and division of the person's property and assets.

In situations where the court will get involved, it is important that you do not hesitate to get the involvement of an experienced Long Island estate planning lawyer that you can be confident knows the ins and outs of New York law. This can be a confusing process but by getting legal representation that you can rely on, you can rest easier knowing that it will not be mishandled.

Understanding New York Probate Law

When considering probate law in New York, it is important to know that there are laws that will protect the rights of the descendants to ensure that they receive equal and fair portions of their relative's assets. Similarly, creditors are protected under the law to ensure that they are some of the first people to be paid so that outstanding debts can be taken care of. In fact, the law specifically spells out the order of priority in regards to granting letters of administration.

The order is as follows:

• Surviving spouse
• Children
• Grandchildren
• Parents
• Siblings
• Other distributes

By knowing the legal aspects in the manner, the lawyer helping you will be able to help ensure that your rights are protected and that you are guided through the process in a knowing manner. There are many different nuances that are addressed by the law and to make sure that you are protected, you need to be careful about having experienced legal representation.

For example, what if the will is lost? In the state of New York, a lost will can only be admitted should it be determined that the will was not revoked, that the execution is court-approved and that provisions were validated by two witnesses. Your attorney will know the law and will know how it applies to each individual situation - providing you with the care that you deserve as you move forward through the process.