Inheritance

        When someone dies, their property may pass to their heirs either through a will or under a formula detailed in the law.

        If there is a will, it is usually presented to a special court, known as the Surrogate's Court, where it is examined and after the required notice to all interested parties, the court may appoint an executor to handle the estate of the person who died (known as the decedent). 

        If the person died without a will, it will usually be necessary for the heirs to file a petition with the Surrogate's Court to have someone named as the "administrator" of the decedent's property.  Once that person has been appointed, he or she can pay the outstanding bills and then distribute the remaining property to the heirs according to law.

        We handle both probate (will) and administration proceedings.  We prepare and file the petition with the Surrogate's Court and advise the executor or administrator of the proper procedures to follow.  We also consult with a certified public accountant to make sure that any estate and personal income taxes that are due are paid.

        Since the amount of work and time involved varies with the size and complexity of each estate, we cannot state a flat fee for our services in this area.  However, we'll be glad to speak with you about your inheritance case and about how we can help you.

 Note:  The statements above, which are based on New York law, are intended to inform, not to advise.  You should consult an attorney before making decisions in this area. 

© Copyright, 2005.  José Luis Torres, Esq.  All rights reserved.  No part of this document or any web pages may be copied without the express written consent of José Luis Torres, Esq.