Estate Taxes: Will Your Estate Be Taxed At Death?

As the saying goes, “nothing is certain but death and taxes.” In the context of estate planning, this reality drives the estate planner’s desire to minimize taxes upon death as much as possible. In fact, the world of estate planning is consumed with the minimization of taxes in all of its forms. New York estate […]

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How Long Does Probate Take in New York?

I am often asked, Roman, How Long Does It Take For A Will To Go Through Probate in NY? The answer always depends on the particular circumstance of the case. Variables such as whether the will is being contested by an interested party, the size of the estate, the nature of the assets in the […]

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How Much Does Probate Cost in New York?

Many people think that probate is always a long and expensive process. In reality, most probate matters are handled quickly and efficiently. What's The Cost Of Probate in NY? Assuming that no one is contesting the will or challenging the appointment of the executor, and assuming all of the decedent’s next of kin (called distributees) […]

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Funding Your Living Trust

Imagine buying a beautiful new family car, taking it home, and leaving it parked in your garage. Then, instead of using your shiny new vehicle to transport your family, you use public transportation to get you and your family around. As silly as that sounds, that is what happens to many clients who establish trusts […]

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Step-up in Basis: Is There Tax on the Sale of Inherited Real Estate?

As an estate planning and probate attorney, I am often involved in the sale of real estate that my clients inherited and have to deal with a very important question: “will my client have to pay capital gains tax on the sale”? As a brief introduction, capital gains tax is the government’s way of taxing […]

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Preliminary Letters Testamentary in Probate Court

If you have been named as the executor of a decedent’s last will, you don’t have authority to sell or distribute their assets until you have been appointed by the Surrogate’s court. That process, called probate, can take many months, especially if someone is contesting the will. The appointment of an executor is formally made […]

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New York Estate Accountings: An Overview

Being an executor or administrator of an estate come with many responsibilities. Collecting and insuring the estate’s assets, paying valid debts and expenses, filing income taxes, and list goes on. That’s why most clients look forward to the final step in the estate process with great anticipation. That final step, known as the accounting, is […]

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Contesting a Will in New York: An Overview of Will Contests

People (usually those who have been disinherited) often wonder if they have any rights to contest a last will and testament of a loved one which they believe to be an invalid will. There may be many reasons why they believe the will to be a sham; a forgery, duress, lack of mental capacity, undue […]

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Probating a Copy of a Lost Will in New York

In order to probate a will, i.e. to have it accepted by the Court as the decedent’s Last Will and Testament, New York States Surrogate’s Courts require the original Will to be turned over to the Court. What happens, however, if the original Will is lost or destroyed? Can a copy of the Will take […]

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Removing 805 Bond Restrictions in Brooklyn Surrogate’s Court

As an Estate Lawyer, I often get phone calls from clients who have successfully obtained letters of administration for the estate of a loved one, but can’t sell the real property or even transfer it to themselves. The reason is that when a decedent dies owning real estate, the Kings County Surrogate’s Court in Brooklyn […]

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Attorney Advertising Disclaimer: The estate planning, probate, elder law or other New York legal information presented on this site should NOT be construed to be formal legal advice nor the formation of a lawyer or attorney client relationship. Using the advice provided on this site without consulting an attorney can have disastrous results. Prior results do not guarantee similar outcomes. Please contact a Queens estate planning attorney at one of our law firms located in New York City. This web site is not intended to solicit clients for matters outside of the State of NY, although we have relationships with attorneys and law firms in states throughout the United States. Free consultation applies to an initial phone consultation.
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