How To Use This Part Of Our Website To Get Answers

by ladmin on November 6, 2012

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.

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Long Island Estate Planning for Digital Assets

by Albert Gurevich on June 13, 2013

Effective estate planning should also include the protection of your digital assets, such as files stored on your website and other sites, your photos on Facebook, documents on your flash drive, your ecommerce accounts such as PayPal, e-bay, and your ITunes account. Appointing a digital representative formally in a will or trust, as well as informally giving your passwords to a trusted friend or family member are ways you can protect your digital assets should you become incapacitated or pass away. This way you can preserve your sentimental assets such as wedding photos, graduations, anniversaries, birthdays and other family events for your heirs and beneficiaries, and they will be able to also inherit your digital financial accounts.

Legal Agreements with Internet Service Providers and Privacy Regulations   
The laws regarding access to your digital financial accounts after you pass away are complicated. Current laws provide that Internet companies that provide storage for digital assets are prohibited from giving your passwords or information about your account to your executor or personal representative without the formalities of obtaining a court order from the Nassau County or Suffolk County Surrogate’s Court. They may consider the unauthorized access of your account as a Cybercrime.

Most people don’t realize that Facebook’s service agreement prohibits the access of information regarding your account even with a court order. If you have photos and family members posted on your Facebook account, you should post them somewhere else where your family can get access to them so they don’t lose the memories after your death. It is important to investigate a company’s policy before you sign on with them so you know how to protect your assets.

Safeguarding Assets and Digital Accounts
It is recommended that you safeguard all your assets, including your digital assets, by having a list of all your assets in a safe place that can be accessed by your personal representative or family. A safe deposit box is one such place. Or you may want to deliver the list for safekeeping with your Long Island probate and estate attorney.

Any assets that are in your sole name are subject to New York probate laws, but assets that you transfer to your trust are exempt from probate. Your family will be able to avoid probate of your estate if you transfer assets to your trust, hold assets jointly or have a named beneficiary.

Hiring a Long island Probate and Estate Attorney
A Long island probate and estate attorney can help you incorporate your digital assets into your estate plan making it easier for your heirs to acquire them after your death. This way, they won’t be lost out in the web somewhere where your beneficiaries don’t know about.  A Long Island probate and estate attorney can handle all your estate planning needs. A Long Island probate and estate attorney also represents executors, beneficiaries and other interested parties to an estate with routine probate matters, estate litigation and estate tax matters.

If you wish to speak to a Long Island estate attorney, call the Law Offices of Albert Gurevich at (516) 777-0647.

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Selling Long Island Estate Property

June 5, 2013

During the course of an estate administration, the decedent’s family home or other real estate may be sold. In most cases, the executor or administrator of the estate has the power to sell the property. Only property held in the held in the decedent’s sole name at the time of the decedent’s death is subject [...]

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Using a Trust is Better then Trusting Siblings to Do the Right Thing

May 29, 2013

I’ve had people ask me to draft a will where they would leave out a child in order to protect that child from creditors or spouse, or to keep government benefits. So they would leave the inheritance to other children, and have them orally agree to give the money to the so “protected” child. I [...]

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Tax Benefits of a Charitable Remainder Trust

May 18, 2013

The tax benefit of a charitable remainder trust is that a person can recognize a charitable contribution and still receive income on their assets during their lifetime. The person who sets up the trust has control over how long they receive income and the way in which they will receive it. Having a charitable remainder [...]

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Differences Between a Long Island Executor vs. Trustee

May 16, 2013

A Long Island testator names the executor in the testator’s will. An estate executor, administrator or personal representative of a Long Island estate is in charge of managing and distributing the estate assets. This includes the duties of gathering an inventory of assets, paying administration and funeral and burial expenses and paying the decedent’s bills, [...]

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How Do I Settle a Long Island Estate?

April 30, 2013

A Long Island estate can be settled without filing a formal accounting with the Nassau County or Suffolk County Surrogate’s Court if the parties to the estate agree to an informal accounting instead. An informal accounting avoids the extra time and expense of having to settle the estate through a formal Court proceeding, which benefits [...]

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Is There a Time Limit for Claiming an Inheritance in New York?

April 22, 2013

While there is no statute of limitations on claiming your inheritance from a Long Island estate, the Court may require a formal affidavit with a valid explanation for the late filing of an estate petition if it is filed more than two months after a Long Island decedent’s death. Without a valid reason for your [...]

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What are Long Island Surrogate Court Fees?

April 14, 2013

There are certain Surrogate’s Court fees that are required to be paid in connection with the establishment of an estate matter with the Suffolk County or Nassau County Surrogate’s Court pursuant to Surrogate’s Court Procedure-Article 24, Section 2402. The filling fees to establish a probate, intestate estate or ancillary proceeding are calculated upon the value [...]

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What Do I Do If I Received a Notice of Probate for a Long Island Estate?

April 2, 2013

If you received a notice of probate and you plan to object to the will, contact an attorney immediately, because missing the date a will is presented before the court means missing a will contest. If you do now object to the will, ask the executor or personal representative for a copy of the decedent’s [...]

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How Do Creditors Get Paid From a Long Island Probate Estate?

March 25, 2013

The executor or personal representative of a Long Island estate does not have to look for the decedent’s creditors or notify them in writing under New York law of the decedent’s death. The personal representative may publish a notice in the local newspaper alerting creditors about the decedent’s death. However, under New York law, it [...]

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