Probate Attorneys Serving Queens Village

Queens Village is a vibrant and diverse residential neighborhood in Queens, New York—which is New York City’s largest borough. Located on Long Island and nestled between Brooklyn and Nassau County, Queens Village is considered by residents to be the “heart of Queens.”[1]  Unlike other nearby New York boroughs, the NYC Subway system does not run through Queens Village. Transportation access to Queens Village includes public bus routes, the Long Island Railroad, and private transportation.

Queens Village, like many parts of Queens, is diverse and rich in culture. In 2019, there were an estimated 200,660 people in Queens Village.[2] Notable residents of Queens village include well-known actors Paul Newman and Nancy Malone. Overall, Queens Village is a beautiful and welcoming community. It is known by residents to be a lively, safe, and respectful atmosphere filled with luscious trees and quiet streets.

What is Probate and Estate Administration?

When a loved one passes away, their lifetime financial affairs, property, and assets are allocated and distributed through probate or estate administration. Probate is the formal legal process that provides rights and recognition to a person’s last will and testament. The probate process also appoints an “executor” who serves as the personal representative and distributes assets to the intended beneficiaries who inherit property or other assets from a loved one. If the person has not written a last will and testament during lifetime, then the legal process would be an estate administration and an “administrator” would be appointed to serve as the estate’s personal representative to distribute assets and wind up the estate in accordance with the law.

If your loved one owned assets through a well-drafted and properly funded living trust, it is possible that no court-managed probate or estate administration would be necessary. But it will depend on each individual situation how the distribution of a deceased person’s assets will need to be administered. The length of time needed to complete the probate or administration of an estate depends on the size and complexity of the estate, the amount of beneficiaries or distributees (next of kin) involved, the presence and amount of creditors involved, and the local rules and schedule of the Surrogate’s court.

Each proceeding, whether it is probate or estate administration, will have unique variables and requirements, but most involve the following process:

  • Filing of a petition with the proper Surrogate’s court
  • Notice to any person who are eligible for inheritance as heirs—either under a will or to next of kin, if no will exists
  • Petition to appoint an executor (in the case of a will) or administrator for the estate
  • Inventory and appraisal of estate assets by the executor or administrator
  • Payment of any estate debts to rightful creditors
  • Sale of estate assets, if applicable
  • Payment of any applicable estate taxes
  • Final distribution of the loved one’s assets and property to the people who inherit it

What happens if someone objects to the Will?

An objection to a will is known as a “will contest.” Although most wills are not contested, when this does occur, it can also be incredibly costly and time consuming to litigate. Still, in order to contest a will, a person must have legal “standing” to object and contest the will. Both distributees—next of kin—and beneficiaries—a person granted inheritance by the will—have the right to contest a will.

A will is usually contested when a beneficiary or a distributee does not agree with the set distributions or if they do not agree with who is appointed as the executor or administrator. The person contesting the will must base their objection to the will on specific grounds. A will might be contested based on the ground that the will was not executed in accordance with New York State’s strict legal requirements. Another way a will may be contested is through the claim of “undue influence”—this is a common ground for contesting a will if a loved one is induced to sign the will without free will or without adequate awareness of the consequences. Further, “lack of capacity” is a common reason for contesting a will when a person’s mind is impaired in some way—either due to physical or physiological conditions. In addition, admission of a will might be objected to based on the ground that it was revoked prior to the decedent’s death.

Regardless of the grounds for contesting a will, a significant factor in determining the outcome of a contested will is whether there were witnesses and attorney supervision during the signing of the will. Further, when a will is contested for undue influence or lack of capacity, courts sometimes refer to medical and health care records to show the loved one’s physical and mental condition at the sign of signature.

What is the cost and duration of probate?

The cost and duration of probate depends on various factors of each person and their estate. For instance, the value and complexity of the estate can vary depending on the location of real property owned by the estate—it may begin as a fairly simple distribution for estates only spanning local real estate; but the estate becomes more complicated for property owned amongst different states; and yet, the estate’s complexity increases for property owned in different countries. The varying value of assets, number of heirs, existence of a will, alleged creditors, and any litigation will also significantly impact the cost and duration of probate.

Common expenses of an estate include attorneys’ fees, accounting fees, court fees, appraisal costs, surety bonds, and executor or administrator’s commissions. These typically add up to 2% to 7% of the total estate value. Most estates are settled through probate in about 9 to 18 months, and sometimes longer, even when litigation is not involved.

Contact the Attorneys of Esther Schwartz Zelmanovitz, PLLC

The laws of each state vary, so it is a good idea to consult a local attorney to determine whether a probate proceeding is necessary, whether the fiduciary must be bonded (a requirement that is often waived in the will) and what reports must be prepared.

The attorneys of Esther Schwartz Zelmanovitz, PLLC are honored to serve the residents of Queens Village and the surrounding areas. Our firm is proud to have assisted many families of New York State residents in the probate and administration process and would be happy to assist your family as well.

[1] https://www.niche.com/places-to-live/n/queens-village-new-york-city-ny/reviews/?category=Overall-Experience

[2] https://furmancenter.org/neighborhoods/view/queens-village