Putnam County Inheritance Attorney
Helping Clients Navigating New York’s Complex Inheritance and Estate Law
If you have suffered the loss of a loved one or someone who has left you an inheritance, you may be unsure of the next steps involved in the legal process. Depending on the circumstances, NewYork State inheritance issues may prove overwhelming without skilled legal representation. Hiring an estate planning attorney is the most practical solution to ensure that the process goes smoothly and that your rights are protected.
The Feller Group, P.C., is an estate planning law firm dedicated to assisting Putnam County residents with their legal needs. If you have questions or concerns about an inheritance, please contact our law offices today to schedule a free, 30-minute case evaluation. We would be happy to discuss your legal options with you.
What Happens if the Deceased Did Not Leave a Will?
All too often, New Yorkers make the mistake of believing that if they die and do not leave a will, their assets will automatically transfer to their immediate family. Sadly, this is not always the case, and many families are left to deal with the time-consuming probate process while waiting for essential financial resources. If your loved one did not leave a will, you may be forced to deal with legal challenges that require the help of a skilled attorney.
If there is no will, a probate court will appoint an administrator who will be responsible for estate administration. During this time, the executor or administrator will be responsible for collecting and identifying assets, paying debts, filing estate taxes, and distributing assets.
Under the state’s intestacy law, assets are distributed to the closest relatives according to a specific hierarchy. For example, when a person dies without a will and only leaves a surviving spouse, the spouse will inherit the entire estate. The same concept applies when the deceased leaves behind only children and no spouse.
When there is a spouse and children, the spouse inherits the first $50,000 and half of the remaining estate, while the children receive the other half. In cases where there is no surviving spouse or children, state intestacy laws follow a defined order of inheritance, starting with parents, then the siblings, and then the extended family.
How Long Will it Take for Me to Receive My Inheritance?
A common question inheritance lawyers are often asked concerns how long it will take clients to receive their inheritance. In New York, the amount of time you may have to wait for your inheritance depends on the unique aspects of the case and whether the estate will have to go through the probate process.
In situations where a loved one has left behind a small estate, generally valued at $50,000 or less, the average wait time is approximately six months. In cases where the estate has a greater value, it may take a year or longer to complete probate or resolve disputes. Having to file estate taxes or pay significant debts can also cause a delay in when heirs and beneficiaries receive their assets. An inheritance may also be delayed as a result of family dynamics that could lead to the will being contested or other disputes arising regarding estate administration.
Even so, beneficiaries can still receive assets that are exempt from the probate process, including those placed in trusts, proceeds from life insurance or retirement accounts, or other beneficiary designations where property is automatically transferred upon the death of the decedent.
Can I Challenge or Contest the Will in New York State?
New York law allows anyone who is affected by a will to challenge it after it has been submitted to the probate court. This procedure is called a “will contest,” and there are several legal grounds that may be cited to initiate this process, including:
- Undue influence: Heirs and beneficiaries may challenge a will if they feel that someone persuaded the testator, the person who made the will, to distribute their property in a manner that went against their wishes while they were in a weakened mental state
- Lack of mental capacity: The testator was not of sound mind at the time the will was written
- Lack of validity: A claim is made that the will does not meet the legal standards required by New York law, such as being signed and witnessed correctly
- Duress: It may be claimed that the testator was under extreme pressure from another to write the will contrary to their expressed desires
- Fraud: An interested party claims that the will was written in such a way because another person provided false information to the testator, thereby influencing their decision as to how their assets should be distributed
Suppose you have questions about challenging or contesting a will. In that case, it is always best to consult with an inheritance lawyer who will professionally evaluate your case so you can make informed decisions. If you are writing a will, enlisting is always best to ensure it complies with all legal standards and prevents family disputes.
How Can an Inheritance Lawyer Help Me With My Legal Needs?
If you suddenly find yourself dealing with probate issues or other legal matters related to an inheritance, it is in your best interests to seek help from a qualified lawyer. An inheritance lawyer can help you understand the probate process and ensure that your legal rights are upheld.
An essential responsibility of an inheritance lawyer is to help clients navigate the complex probate process. Your lawyer can provide skilled legal representation to ensure that you avoid critical mistakes that could delay the distribution of your assets. In instances where the deceased did not leave a will, a lawyer can provide legal representation should challenges be made by others, which could also delay the probate process.
Often, family dynamics have a negative impact after a loved one’s death, especially if the deceased did not have an estate plan. Hiring a qualified probate lawyer can help mitigate potential disputes, allowing all legal issues to be resolved quickly and efficiently. If you are an executor or administrator of an estate, an inheritance lawyer can also understand your fiduciary duties and minimize personal liability.
An inheritance lawyer can also review legal documents in an existing estate plan, including living wills, advance directives, and power of attorney, to name a few, so that your family can feel confident about what lies ahead.
Contact Our Putnam County Law Firm Today to Learn More About Your Legal Rights
The Feller Group, P.C. is a Putnam County law firm that is dedicated to helping New Yorkers with quality legal services. If you have questions about an inheritance, asset protection strategies, or other effective estate planning matters, hire an attorney who can give you the personalized attention you deserve.
When you come to us for legal assistance, we will work diligently to help you resolve your legal matters quickly and efficiently. To learn more about our legal services, contact our New York estate planning attorney today at 845-682-5572 to schedule a free, 30-minute case evaluation.