Estate Planning
Estate planning is the process of arranging for the orderly administration and distribution of an individual's assets after their death. Creating a comprehensive estate plan that protects your assets and provides for your loved ones after you pass on is essentially important.
Our firm works with a team of experienced attorneys concentrating in estate planning, including the formulation of various trusts, such as revocable and irrevocable living trusts, last will and testaments, letters of administration and letters testamentary, estate litigation, and Medicaid planning, and strategies.
Revocable and irrevocable living trusts are designed to help you maintain control over your assets while avoiding probate and minimizing estate taxes. Our team may be able to assist you in creating a trust that is tailored to your specific needs, ensuring that your assets are distributed exactly as you intended.
A last will and testament is another essential document that forms the basis of your estate plan. Our attorneys can help you draft a will that clearly outlines your wishes, including the distribution of your assets, the appointment of guardians for minor children, and the selection of an executor to oversee the administration of your estate.
Obtaining letters of administration and testamentary is a complex legal process that requires professional expertise. We can guide you through the process, from filing the necessary paperwork with a New York Surrogate's Court to navigating any legal challenges that may arise.
Estate litigation is an unfortunate aspect of estate planning that often arises when family members dispute the distribution of assets or question the validity of a will. Our attorneys have extensive experience in estate litigation and can help you resolve disputes in a timely and cost-effective manner.
Medicaid planning is another critical component of estate planning, particularly for older adults who may need long-term care in the future. We can advise you on various Medicaid planning strategies, including the use of trusts and asset transfers, to help you qualify for Medicaid while protecting your assets.
Do I need to be appointed by the Surrogate's Court in order to bring a lawsuit for my deceased family member?
In New York, an estate representative, such as an executor or an administrator, must be appointed in Surrogate's Court in order to bring a lawsuit as a representative of the deceased person’s estate. This is because when a person dies, their legal rights and responsibilities are transferred to their estate.
Therefore, any legal action taken on behalf of the deceased person must be initiated by an appointed representative.
The estate representative has the legal authority to act on behalf of the deceased person’s estate and can bring a lawsuit to recover damages related to any claims that arose before the person's death. The representative may also sue on behalf of the estate to recover any property or assets that are rightfully owned by the estate.
Additionally, the appointment of an estate representative is important because it ensures that all interested parties, such as heirs or beneficiaries, are notified of the lawsuit and have an opportunity to participate in the proceedings if they so desire.
In summary, an estate representative must be appointed in Surrogate's Court to bring a lawsuit on behalf of the deceased person’s estate in New York because that appointed representative can legally act on behalf of the deceased person’s estate and ensure that all interested parties are duly notified of the proceedings.
Here are the addresses, phone numbers, and email addresses for the Surrogate's Courts in New York City, Nassau County, and Suffolk County:
New York County Surrogate's Court - 31 Chambers St, New York, NY 10007 Phone: (646) 386-5000
Kings County Surrogate's Court - 2 Johnson St, Room 212, Brooklyn, NY 11201 Phone: (347) 296-1076
Queens County Surrogate's Court - 88-11 Sutphin Blvd, Jamaica, NY 11435 Phone: (718) 298-0600
Richmond County Surrogate's Court - 18 Richmond Terrace, Staten Island, NY 10301 Phone: (718) 675-8500
Nassau County Surrogate's Court - 262 Old Country Rd, Mineola, NY 11501 Phone: (516) 493-3900 Email: NassauSurrogate@nycourts.gov
Suffolk County Surrogate's Court - 320 Center Dr, Riverhead, NY 11901 Phone: (631) 852-1713 Email: suffolkprobate@nycourts.gov