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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Seven Questions to Ask an Estate and Probate Attorney

Nobody wants to call a probate lawyer. People only call us when they are dealing with the loss of a family member and need help through the process. Over the years, I have been privileged to speak with hundreds of clients and helped address their questions about the probate process in general and my services […]

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What Are My Rights as a Surviving Spouse?

I received a frantic call earlier this year from a woman with two young children whose husband passed away a few months prior without leaving a will. Although she had been appointed administrator of his estate, she quickly realized that all of her husband’s assets had been left to his brother through a beneficiary designation […]

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Opening a Safe Deposit Box After Death in NY

I often receive phone calls from clients who had recently lost a loved one and, among other things, are confused about how to access the decedent’s safe deposit box. A common concern is that the loved one kept their last will in the box, which needs to be probated. In fact, before the Surrogate’s Court […]

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Frequently Asked Probate Questions

As a probate lawyer, I am often asked many important questions about the probate process. I have decided to make a list of some of the most frequent questions in an effort to help people understand the process better. What is Probate? Probate is the process of presenting a last will and testament to the […]

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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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