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NYC Probate Lawyers
Understanding Probate: Navigating the Estate Settlement Process
After a person passes, his or her estate may need to go through probate. This is true if there are assets held by the estate at the time of death. In some cases, only a portion of the estate needs to be probated, and in others, a person will need to go through probate in New York City even if he or she doesn’t live there. Let’s take a closer look at the probate process and what you can expect from it.
Determining the Presence of a Will
One of the first things that a probate judge will do is determine if a person has a valid will. The will is generally presented to the court by the executor of the estate. If there is no will, assets will generally pass according to state intestacy laws. The same is generally true if the document is not valid for any reason.
Naming an Executor
The person who represents the estate during the probate proceedings is known as the executor. In many cases, this person is the oldest child of the deceased individual. However, it is possible to name any adult of sound mind who is willing to perform the role to this position. It is also possible to name a bank or other entity as the executor.
The executor will ideally be someone who is trustworthy and who pays attention to detail. He or she should have a solid understanding of what the deceased person wanted to do with physical possessions and any money left in the estate. Individuals may want to name an alternate executor in case the first person or entity chosen is unable to perform the duties associated with the position.
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.
It is important to note that the executor will need to be appointed by the court during probate. In almost all cases, the person named in the will is the person who is named by the court. However, if that person is a minor or otherwise incompetent, someone else will need to do the job.
Responsibilities of the Executor
There are many different functions that the executor will perform. First, he or she will locate any assets that the deceased person may have left behind. To make this process easier, an individual should organize important documents or reveal the location of valuable assets prior to passing.
Locating assets is vital to determining the approximate value of the estate for tax purposes. An executor will be responsible for filing tax returns both for the individual and for the estate if necessary. It is possible that both state and federal taxes will need to be paid.
The executor will also evaluate claims against the estate and pay them if they are valid. If the estate doesn’t have the resources to pay a claim, it may be denied. They may also be denied if they are deemed to be not valid for any reason. Creditors and other interested parties have seven months to file a claim against the estate.
Probate Duration
In New York, the probate process can take up to nine months to complete. Most of this time is spent mailing letters and allowing time for parties to make claims against the estate. However, probate can take longer than nine months if there are lawsuits against the estate or other issues that are difficult to resolve. Larger estates can also take more time to go through probate compared to smaller ones. This is why some choose to create trusts or make gifts prior to death to reduce the size of an estate.
If you need help with probate or any issues related to settling an estate, talk to us as soon as possible. We can help you better understand the role of the executor as well as answer any questions that you have while navigating what can be a complex process.
