Long Island Probate Litigation Attorney
Probate is the legal process that occurs after someone dies in which their estate is distributed according to their will or trust or if none exist, per state law. During the probate process, an executor is named who will collect the decedent's property, advise creditors, pay any outstanding bills or taxes that the estate owes, and distribute the remaining assets to the heirs or beneficiaries. During the probate process, disputes and issues may arise concerning the will, trust, estate, estate assets or property, such as joint bank accounts or real estate, gifts, or other matters. In such cases, an attorney's services may be required to litigate the dispute in court.
Family Allowances During Probate
While the probate process continues, the funds will be restricted and only in certain circumstances will they be released to the family; these are known as family allowances. It will need to be an emergency and the court will review the situation to see if there is just reason to release the funds to the family. If they approve it, the executor will transfer the money to the family. It is also the executor that is in charge of making the inventory of the assets, selling them if needed, paying expenses and dividing it out to the family.
If you are involved in a probate dispute in Long Island, or the surrounding areas, it is important that you contact the Long Island estate planning lawyer at the firm as soon as possible. We have the experience and knowledge you need to represent you in any probate litigation matter. This type of litigation can be complicated and time-consuming and our firm is well-versed in all of the legal aspects, challenges, and issues that can form the basis of any probate litigation.
Professional Aid in Long Island Probate Litigation Cases
Probate litigation may concern not only beneficiaries disputing with one another or with the probate administrator but can also be based on family members trying to protect themselves and their loved ones from the legal challenges raised by outsiders, such as caregivers, financial planners, significant others, and more. It can also involve legal battles over living wills, powers of attorney, and other matters. These issues can become a standstill for many and simple things might lead to a significant setback.
In Long Island, probate can take months or longer. Everything should be done to try to limit an extension of this time. For those that have gone through the probate process before, they can recognize how challenging it can be and the importance of having skill legal assistance throughout it. Whatever your probate dispute may be, you will want an attorney who is an experienced litigator. That is why we urge you to consult with the Long Island probate litigation attorney at the Law Office of Michael J. Brescia. We offer a free, confidential consultation to get you started.