Long Island Probate Family Allowances

by Albert Gurevich on October 29, 2012

A Long Island probate can take about nine months or longer to wind up. During the probate process, if the immediate family requires emergency funds for family expenses, the family would need to petition the Nassau County or Suffolk County Surrogate’s Court in order to get the funds released to them. Family allowances are generally allowed by the Court when they are needed for emergency funds because the family has no other means of income. Funds can be used for living expenses, food, transportation, medical, child care, education and other family needs or support. The request for expenses may be a one-time payment or an ongoing monthly occurrence until the estate assets are transferred over to the designed beneficiaries/family members under the decedent’s will.

Because most family members are unfamiliar with the probate laws in New York, a family will usually hire a Long Island probate and estate attorney to assist them with getting the family allowances approved by the Court. A Long Island probate and estate attorney can prepare the necessary paperwork and represent the family at the hearing on a probate family allowance matter. Once the Court has issued an order approving the family allowances, the executor of the estate can then transfer the funds to the family.

After the executor has made an inventory of all the assets, determined whether any assets need to be sold, reviewed and paid claims, including estate taxes, the estate is ready to be wound up and closed. At that time, the remaining assets will be distributed to the beneficiaries in accordance with the decedent’s wishes set forth in the decedent’s will. A Long Island probate and estate attorney frequently assists the executor and the estate with routine probate matters as well as helping them fighting litigation claims against the estate.

If you need assistance with obtaining a family probate allowance for your family’s living expenses or emergency expenses, or you need help with other probate matters, it is recommended that you hire a Long Island probate and estate attorney. If you wish to speak to a Long Island estate attorney, call the Law Offices of Albert Gurevich at (212) 233-1233.

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