We have answered many of the common, and not so common questions we’ve been asked over the years about Probate, Trusts, Wills and other Estate Planning matters….right here on this website.

To find the answer to your question, you can type your question in the search box just down to the right and click search. All of the answers or information we have will be shown to you immediately.

Or if you know exactly what topic your question relates to, you can click on the appropriate category shown under Categories, which is also down and just to the right. That will show all related questions and answers too.

{ 0 comments }

Handling the First Days After Losing a Loved One

Nearly everyone is confused about what they should do when a loved one has died. In some cases you may be in shock and be grieving, but it is wise to make sure that everything gets done correctly know to make things easier down the road, to make sure that things go smoothly and to make sure that everything is done in a way that your loved one would have wanted. While not everything you have to do when your loved one first passes away involves having to have a Long Island estate attorney, some of the things you do now can make a difference once one has to be hired.

The first thing you should do is to make sure that you find out if your loved one had written down any wishes for how they wanted their funeral or memorial to be done. This can especially be important in the case of someone who may want a religious burial that is time sensitive, or in the case of someone donating their body to science, where the organization the body is being donated to may have some sort of time limitation. Another reason this can be important is that your loved one may have already arranged their funeral and paid for it, meaning that some of the work has been done.

If there has not been a pre-arranged funeral, you want to find a funeral home as soon as possible. Choosing a funeral home is a personal matter, but you will probably want to find one that can deal with any special considerations or religious needs you may have and make sure that you find a funeral home that can work with your family the most efficiently.

Most likely, you will also want to begin to contact relatives and loved ones of the deceased. While a funeral home will often assist you in publishing an obituary notice, you may also want to begin calling people to inform them your loved one has passed. If necessary, get other people who are close to you to assist so that you do not get overwhelmed.

Besides the regular funeral planning, there are many procedural issues that you have to take care of within the first couple of days. It is best to hire an experienced Long Island estate attorney to assist you with what you need to do now. Your attorney will advise you on preserving your loved one’s computer and attempting to locate their will. You will also want to inform Social Security and ask the funeral home to get you a few original death certificates.

As your attorney will tell you though, you cannot move any money or property at this time. You would first need to have permission from the Surrogate’s Court and be appointed as a representative of the decedent’s estate before anything can actually be done with any of the decedent’s property or money. All of this can be done with the assistance of a Long Island estate attorney, by calling us at (516) 777-0647.

Click her for a more detailed explanation of what to do when a loved one dies on Long Island.

{ 0 comments }

Types of Custodial Accounts and How They Work on Long Island

October 6, 2014

There are situations when someone wants to transfer money or other property to a child and for whatever reason, usually to avoid costs, does not want to set up a formal trust. Transferring money directly to a minor may be difficult for many reasons, including that many financial institutions will not open an account for […]

Read the full article →

Is the Trustee Required to Provide a Copy of the Trust or Financial Records

September 29, 2014

Knowing Your Rights as a Long Island Trust Beneficiary While the majority of trusts on Long Island are handled without any issues between the beneficiary and the trustee, there are times where tensions may arise. A big source of tension can be caused by a lack of information being exchanged between the trustee and the […]

Read the full article →

Is Ingratiating Oneself with an Elderly Person Undue Influence?

September 17, 2014

When is Friendliness with an Elderly Person Crossing the Line One of the more common themes that people argue when they are contesting a will is that someone who has suddenly become a major beneficiary in the will somehow used undue influence to shut out those who were the beneficiaries in a prior will or […]

Read the full article →

Defending a Will Contest on Long Island

September 14, 2014

Strategies for the Executor When Someone Objects There are numerous reasons why a party may want to object to either part or all of a will in Long Island, New York. In some cases, a will objection may just be the result of family dynamics that lead to infighting when the testator dies. In other cases, […]

Read the full article →

How do I Bring Forgery Charges Against Somebody in Long Island?

September 2, 2014

How to Handle a Fake or Tampered Will While not common, wills do get tampered with, and even faked all together, from time to time. Will forgery is not only immoral and no only leads to disputes in Surrogate’s Court, but it is also illegal. In fact, will forgery is a Class D felony in […]

Read the full article →

How do I Fight Allegations of Mismanagement of a Long Island Estate?

August 19, 2014

Make Sure to Protect Yourself as Executor When the testator dies and you are appointed executor, you are facing a responsibility that is akin to having a job. From the date of the death, you have specific things that need to be done to ensure the proper administration of the will. However, there are some steps […]

Read the full article →

Persons Excluded from Serving as a Long Island Executor or Administrator

August 8, 2014

An executor or personal representative of a Long Island estate has a fiduciary duty to the beneficiaries and heirs to act in a responsible and legal manner. Under the New York Probate laws, specific persons are excluded from serving as executors or personal representatives of a Long Island estate including the following: Persons under the […]

Read the full article →

What are Normal Attorneys’ Fees on Long Island?

August 4, 2014

How to Avoid Paying too Much One of the first things that most people want to know when they are looking to litigate and estate or probate a will is how much the entire procedure will cost. In fact, when it comes to attorneys’ fees, there isn’t a sure answer since there are many factors […]

Read the full article →

Can an Attorney who Made a Decedent’s Will Represent the Executor in Court?

July 30, 2014

Determining the Effect of Ethical Concerns When Administering an Estate A family of someone who recently died may desire to have the same attorney who did the estate planning represent the executor. Attorneys, on the other hand, have to be concerned with their ethical responsibilities and making sure that there is no conflict of interest. […]

Read the full article →