Probate Attorney Serving Rockville Centre

Rockville Centre is a village located in Nassau County, New York in a location coveted by individuals long before its official establishment in 1893. Rockville Centre has been a societal hub for thousands of years, with its initial residents being comprised of the ancestors of the Western Long Island Indian Tribes; including the Reckouakie tribe that occupied the area prior to the Dutch and English in the late 1600s.

In the late 1800s, Rockville Centre would begin to take shape as the Rockville Centre we would come to know today due to its emergence as a commuter town because of the village’s connection via the Long Island Rail Road to New York. Rockville Centre has consistently been found to be one of the best places to live in New York, with a documented track record dating back to 1915 when the New York Tribune published that the village was one where the average person could live out their life happily.

The desire to live in Rockville Centre fueled development, with the Village growing from its one store and post office to a suburban hub lined with restaurants, stores, community centers, and homes. Rockville Centre prides itself on its community, holding regular special events comprised of concerts, arts, festivals, and holiday programs for its residents. The desire to live and settle in Rockville Centre has continued throughout its history.

What is Probate and Estate Administration and why would I need it?

Probate and Estate Administration is the legal process that follows the death of an individual when that individual died with assets, whether with property, personal, or a combination of both, that make up the individual’s estate. In the State of New York, a probate or administration proceeding must be commenced for individuals who pass with assets left solely in their individual name in order to have those assets distributed to the deceased person’s beneficiaries or heirs. If the individual had a will at the time of passing, then the estate will proceed through the probate process; if the individual did not have a will at the time of passing, then the estate will proceed through the administration process.

Both processes, however, will be guided by the laws of the State of New York; meaning that the probate and estate administration process can differ greatly from one state to another. Having a knowledgeable and experienced attorney guiding you through the legal complexities that come following the death of a loved one can alleviate some stress in an already stressful situation. The attorney will be able to move the estate settlement process along, comply with state laws and regulations, and ensure that your interests are protected.

Rockville Centre residents often ask:

What if my loved one passed away with debts? 

When a loved one passes away, the debt that the individual leaves behind can be confusing and overwhelming. While your loved one is responsible for his or her own debts, you are likely not. Although there are some exceptions, unless you owed the debt jointly with the individual who passed or guaranteed the debt, creditors cannot go after you for someone else’s debt; no matter how small or large the debt may be.

But, what happens to those debts if creditors cannot come after you? Since the debt is owed, the debt must be repaid and since the debtor has passed, this repayment comes from the estate. If the estate does not have enough to satisfy the debts owed, then the creditors will be unable to recover the debt. What is important to note is that creditors are generally paid first, before assets are distributed to heirs. Having an experienced Probate and Estate Administration Attorney by your side can guide you through this process, protect your interests, and ensure that you do not become responsible for your loved one’s debts. 

What assets go through probate in New York?

Not all assets must go through probate under New York law. But this does not automatically mean that an asset listed in a will can simply avoid probate. Any asset that is held in an individual’s name must go through the probate or administration process to be distributed to the heirs. Often this is the case with real estate, stocks and other financial accounts that do not have payable on death designations. The will would state who the assets should be distributed to, but before the beneficiary could obtain the assets, the estate would have to be administered to ensure that the court admitted the will, debts and taxes are paid, and that the assets can be distributed to the beneficiaries free and clear of any claims or liens.

Assets that do not have to go through the probate process under New York law include life insurance proceeds, payable or transfer on death accounts, assets funded in living trusts, and pension or retirement accounts. Real estate and other property jointly held with rights of survivorship are also able to avoid the probate process as the title transferred upon death. 

Schedule a consultation with an experienced Probate and Estate Administration Attorney today.

The Probate and Estate Administration process is state specific, having an experienced Probate and Estate Administration Attorney that knows and serves your community is important in helping you distribute your loved ones’ estate, securing your rights and protecting you from potential claims. Contact our attorneys at Esther Schwartz Zelmanovitz, PLLC today to help you through the process.