New York Probate Attorney & Lawyer
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Berwitz and Ditata LLP |
The law firm of Berwitz & DiTata is uniquely qualified to help solve problems relating to Estate, Retirement Distribution and Medicaid Planning, Probate and Estate Administration and Elder Law. Our senior Partners, Lawrence N. Berwitz and Maureen Rothschild DiTata, are seasoned counselors and litigators who devote their practice to:
Lawrence N. Berwitz has been practicing law since 1980. He is a graduate of St. John’s University School of Law (1979) and earned his bachelor’s degree cum laude from the State University of New York at Albany (1973). Mr. Berwitz is a member of the National Academy of Elder Law Attorneys, serves on various committees of the New York State, Nassau County and Queens County Bar Associations dealing with Surrogate’s Court practice, estates and trusts and elder law. He has been a guest speaker on the radio, lectured at continuing education courses for attorneys and accountants and authored articles on issues concerning estate and retirement distribution planning, asset preservation and elder law. He appeared in the “Ask the Expert” feature in Act Two published by Newsday on December 11, 2004. He is admitted to practice law before all of the courts of the State of New York and the United States District Courts for the Southern and Eastern Districts of New York. Admitted to practice in 1979, Maureen Rothschild DiTata earned her bachelor’s degree magna cum laude from the State University of New York at Buffalo (1974) and graduated Phi Beta Kappa. She received her law degree from St. John’s University School of Law (1978). She is licensed to practice law before all New York State Courts and the United States District Courts for the Southern and Eastern Districts of New York, and over the years has secured various pro hac vice admissions to practice in other states. She is a member of the New York State Bar Association and serves on its Trusts & Estates and Elder Committees, and serves on related committees of the Nassau and Suffolk County Bar Associations. She also belongs to the National Academy of Elder Law Attorneys, the Financial Women’s Association of New York, the APIW (an association of professional insurance women) and The International Alliance. For further information about the law firm and the services we provide, please visit our website at: www.berwitz-ditata.com or by calling us toll free at 1-800-Probate. |
New York Probate Law -- New York Probate Lawyer
Probate Law
If you are currently in a situation where you’ll be dealing with the New York state court system in relation to a probate or estate related matter, or if you think that you will be in this kind of situation in the near future, it is important that you hire an attorney that knows the ins and outs of New York probate law.
Probate law has to do with the handling of an estate when someone, such as a family member or other loved one, passes away. These are the laws that make sure that the creditors are paid properly and that assets are distributed to the “heirs,” or the descendant. When you find yourself in a situation where you’ll be dealing with probate law, it’s a good idea to already have in mind what you are going to need to do.
What exactly is Probate? Probate is a legal process that begins with a “petition” (a request) to open the estate and name a personal representative who is responsible for the administration of the deceased’s property. The next step is when an official Notice of Creditors is printed in a local newspaper and Notice of Administration is sent to other involved parties. Creditors then have a set amount of time to file their claims from the first date of publication. Then the personal representative can pay the debt and distribute the remaining estate. Finally, a petition for discharge is filed, and the estate is closed.
While on one hand, this may sound simple, probate law and the handling of estates is in fact a complex system, which presents you with multiple requirements and tasks to be preformed by the personal representative, an experienced attorney and a tax consultant. For example, an estate including only a single house and single bank account that has been left to a single beneficiary will probably be a far easier and quicker process to deal with than an estate containing multiple houses that are located in various states, and that are left to multiple beneficiaries. This becomes especially difficult if an estate includes leaving assets to a minor.
Probate Law in New York
There are many important aspects that you need to know the New York state probate system, in order to get your case through successfully. First off, you should be aware of the importance of understanding how the procedure works. People who try to get through probate processes in New York, without the help of an attorney, frequently find that the process is more difficult than they imagined. It’s also a good idea to know about the order of priority for administration granting. This is particularly important for people who are likely to be the personal representative of the decedent’s estate. Moreover, you’ll need to be clear on petitions, and on who is entitled to them for appointment of administration.
Finally, you will need to understand how a lost or destroyed will is treated in New York State, given the fact that there is a specific procedure for this kind of situation which must be followed in order for the probate to be a success. It is clear that the probate process is not an easy one, but with appropriate help, can be quite manageable.
There are two main factors that make it difficult to probate in New York State. The first factor has to do with the specific, technical terminology that the state uses in all documentation. This can be difficult to understand for someone inexperienced in reading and writing legal material. If you are unaware of the meaning of a document, there is a good chance that it will be mishandled. For this reason, many people find that the best option is to hire an attorney, so as to assure the success of their probate case.
The second important factor related to New York State probate procedures has to do with the time limitations that the state imposes on certain procedures and processes. This can present a problem for people who are busy with other things in their life, like their family and their job for example. When documents are handed in late, there are often penalties that require resubmitting and repeating other procedures. Therefore, it is important to complete documents correctly and on time to avoid lengthy delays and additional work.
In New York State, there is a specific order of priority for granting letters of administration. The surviving spouse is first on this priority list, followed by the children, the grandchildren, the father or mother of the decedent, the decedents’ brothers or sisters and finally, any other people who are “distributees”, and who are eligible to qualify. It’s important to be aware of this priority list, seeing that there is so much at stake.
When New York probate matters are handled by an attorney, you don’t need to worry about whether or not you’re going to be receiving your fair share of an estate of a loved one. Benefiting from your attorney’s years of experience, you can be assured that your case is in good hands and will be handled in a fair and timely fashion.
You’ll also want to make sure that you are up-to-date on petitions in New York, and specifically, on who is entitled to make them in order to seek appointment for administration. Any person interested in the estate of an “intestate” (a person without a valid will), or of a person alleged to be deceased, may petition to the appropriate court in order to commence the probate process. The fact is that to petition, you will need to present the court with the required information, meeting the standards set in the state statutes.
In the state of New York, a lost or destroyed will is admitted to probate only if it can be established that the same will has not been revoked, that the execution of the will is proved by the court, and that all of the provisions of the will are clearly and distinctly validated by two credible witnesses.
People who are handling a probate case in New York in which a will has been lost or destroyed, will benefit from hiring an attorney, since attorneys know these procedures very well and will know the best way to hancle your personal matters. People who try to push their way through the New York State probate system, without the help of an attorney, run the risk of mishandling their cases.
As you can see, handling Probate laws is not an easy thing to go through or deal with, which is one of the many reasons why it’s often a good idea to hire an attorney experienced in the field of New York probate law to help you with the matter. Having an attorney on your side will help you make sure that the estate and assets of your loved one’s particular case are handled in a proper and legal fashion.
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New York Probate Lawyer Areas Served
New York Cities Served By A 1800 Probate Lawyer
| New York City | Brooklyn | Queens |
| Manhattan | Bronx | Hempstead |
| Brookhaven | Staten Island | Islip |
| Oyster Bay | Buffalo | North Hempstead |
| Rochester | Babylon | Yonkers |
| Huntington | Syracuse | Amherst |
| Smithtown | Ramapo | Albany |
| Greece | Cheektowaga | Greenburgh |
| Clarkstown | Colonie | Tonawanda |
| New Rochelle | Mount Vernon | Schenectady |
| Utica | Clay | Union |
| Hamburg | Niagara Falls | Southampton |
| Brentwood | White Plains | Levittown |
| Irondequoit | Troy | Orangetown |
| Binghamton | Perinton | West Seneca |
| Rye | Freeport | West Babylon |
| Mount Pleasant | Poughkeepsie | Hicksville |
| Henrietta | Lancaster | Cortlandt |
| Webster | East Meadow | Ossining |
| Valley Stream | Commack | Yorktown |
| Brighton | Long Beach | Rome |
| Coram | Penfield | New City |
| Haverstraw | Salina | North Tonawanda |
| Carmel | Clifton Park | Oceanside |
| Guilderland | Elmont | Central Islip |
| Manlius | Jamestown | Monroe |
| Eastchester | Bethlehem | Elmira |
| Warwick | Huntington Station | Franklin Square |
| Ithaca | Gates | Mamaroneck |
| West Islip | Auburn | Rotterdam |
| Deer Park | Newburgh | Glenville |
| Cicero | Port Chester | |
| And Many More! | ||
|---|---|---|
New York Counties Served By A 1800 Probate Lawyer
| Albany County | Allegany County | Bronx County |
| Broome County | Cattaraugus County | Cayuga County |
| Chautauqua County | Chemung County | Chenango County |
| Clinton County | Columbia County | Cortland County |
| Delaware County | Dutchess County | Erie County |
| Essex County | Franklin County | Fulton County |
| Genesee County | Greene County | Hamilton County |
| Herkimer County | Jefferson County | Kings County |
| Lewis County | Livingston County | Madison County |
| Monroe County | Montgomery County | Nassau County |
| New York County | Niagara County | Oneida County |
| Onondaga County | Ontario County | Orange County |
| Orleans County | Oswego County | Otsego County |
| Putnam County | Queens County | Rensselaer County |
| Richmond County | Rockland County | St. Lawrence County |
| Saratoga County | Schenectady County | Schoharie County |
| Schuyler County | Seneca County | Steuben County |
| Suffolk County | Sullivan County | Tioga County |
| Tompkins County | Ulster County | Warren County |
| Washington County | Wayne County | Westchester County |
| Wyoming County | Yates County |
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