The Right Choice For Estate Planning & Probate Law
NYC’s Premier Estate Attorney
Probate Law Services At All NY Surrogate Courts:
A loss of a loved one can bring much pain to a family. The legal process of probate and/or estate administration should not compound that pain. Let our estate & probate attorneys assist you in navigating the legal maze. Our firm also specializes in all form of estate litigation, probate & estate administration. With a deep understanding and comprehension of probate law, we excel at developing a superior plan of action and simplifying the complex and sometimes confusing probate law into a format that allows our clients to succeed.
Recent Articles
- New York Medicaid’s 2.5 Year (30 Month) Look-Back For Community Medicaid
- Article 81 Guardianships for Incapacitated Adults In NY
- Executor And Administrator Bonds In NY Surrogates Court
- Accessing a Deceased Relative’s Residence After Death
- Administrator and Executor Commissions on New York Estates
- Wrongful Death Compromises at Surrogate’s Court
- What Are Probate Assets?
- When To Update An Estate Plan
- Why You Need an Estate Plan for Your Pet
- Duties Of An Executor In A New York Probate Matter
- Removing The Executor of An Estate In NYS & NYC
- Compelling the Production of a Decedent’s Will in New York
- Estate Planning For Special Needs & Disabled Children
- I Have Been Disinherited: What Are My Rights?
- How Can I Locate the Assets of a Loved One in New York?
- Four Tips to Saving Money on Estate Planning
- Costs Of Estate Planning In New York
- 4 Questions Estate Planning Lawyers Ask When Drafting A Will
- Funding Your Living Trust
- Step-up in Basis: Is There Tax on the Sale of Inherited Real Estate?
- 3 Estate Planning Steps for New Parents
- Preliminary Letters Testamentary in Probate Court
- New York Estate Accountings: An Overview
- Contesting a Will in New York: An Overview of Will Contests
- Probating a Copy of a Lost Will in New York
- Estate Planning for Young Families
- Removing 805 Bond Restrictions in Brooklyn Surrogate’s Court
- Medicaid Planning for Parents in New York
Roman Aminov: Part Of NYC’s Super Lawyers® Club
Roman Aminov is a compassionate and dedicated attorney for his clients in New York. His legal practice is divided among the areas of estate planning, probate law, Medicaid planning, elder law, and estate administration. Our services are available In Brooklyn and several other locations throughout NYC, call now to schedule at the office closest to you.
Mr. Aminov graduated from Baruch College in 2006 with his Bachelor of Science in real estate development magna cum laude. He went on to attend St. John’s University School of Law and was awarded his Juris Doctor in 2010. He is licensed to practice law before all of the state courts of New York.
Recognized for his legal ability and ethics, Mr. Aminov holds a perfect 10.0 “Superb” rating from his peers through Avvo. He was also awarded the special needs lawyer Client’s Choice Award by Avvo for 2012 through 2014. For three years running, Roman has been recognized as a Super Lawyers® rising start for his legal field.
Mr. Aminov is dedicated to his community and works as a long-standing columnist for both CHAZAQ Magazine and The Jewish Home. He is also actively involved as a member in the New York State, Queens County and New York City Bar associations, along with the Nassau County Bar Association, the New York County Lawyers’ Association and the American Bar Association. Mr. Aminov serves as a member of the board of the Queens Jewish Community Council. He has also worked to help educate others by serving as an adjunct professor in the paralegal department at Bramson ORT College, where he taught a class about estate administration and estate planning. Mr. Aminov has also been a guest lecturer on estate planning matters at the Orthodox Union.
Probate Law Services:
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 courtroom to the collection of assets to the distribution.
Probate:
If the decedent passed away leaving a will, the will have to be presented for probate in the Surrogate’s Court or a similar court in the county in which they lived. The will name 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.
Probate Process in Brooklyn, NY:
Letters of administration- the representative, working on behalf of the state, requests death certificate and pays filing fees. Then a full estate accounting occurs. Compiling a list of assets and debts and creditors are notified. When there is a will this process is simplified.
Appraisal of assets- Appraisal takes place and if necessary assets are sold to pay creditors. All claims and disputes should be handled.
Filing Form 706- The Federal Estate Tax return is filed after the value of the estate is determined in order to pay estate taxes and other necessary taxes.
Distribution of assets- the ownership of remaining property and assets (after debts and taxes are paid) are transferred to the surviving heirs of beneficiaries.
Estate Administration:
If the decedent did not leave a will, the next of kin can file a petition for estate administration in the Brooklyn Surrogate’s Court. An estate administration lawyer from our office can assist in this daunting task.
Types of Probate Administration:
Estates may be administered through a variety of processes, depending upon specific factors. Your loved one’s estate may be probated through:
Formal administration — A requirement for many estates, Where the probate court supervises closely the estate. Even if not required, this may be chosen under some circumstance
Summary administration — In cases where the value of the estate is less than $75,000 and without debts, The estate can qualify for this expedited probate administration. But there is a liability on beneficiary heirs for up to two years.
Ancillary administration — An estate being administered in another state, but that includes property in the home state
Benefits of Hiring An Estate Attorney:
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 Lawyer.
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
Tips For Selecting a Probate 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 Brooklyn Surrogates courts.
3. Read reviews past clients have left for the lawyer.
4. Find out how the lawyer charges (hourly, flat, or on a contingency basis.)
5. Make sure that there is a good level of trust between you and the estate attorney.
What Happens If A Parent Did Not Leave A Will?
If your mother or father passed away the spouse will be the automatic heir of all the assets. In the event that the spouse is not living the children will split the anticancer equally. In the event one of the children is deceased then their children would inherit that allotted portion. In a situation like this, many legal intricacies can arise and a Brooklyn estate lawyer should be contacted.
What Is The Cost Of Probating An Estate?
One should not put themselves in a situation where they would need to embark on the probate process in order to claim an estate. The process is tedious and costly and can be avoided by simply assigning a living trust for the estate. In the event it’s too late you can contact our office and help you understand what a probate proceeding entails and what the different costs can potentially be. The costs will vary from case to case.