Probate and ESTATES
Losing a loved one can be a very difficult time. You might not know where to begin or what to do. The process can be very time-consuming and emotional.
The knowledgeable Rochester attorneys at Yanowitz Law Firm are here to ease the burden. For more than 25 years, we have helped countless families who have recently lost a loved one. We can assist you through each step of the estate administration process, including probate.
What is probate?
A court proceeding called “probate” may be necessary if a person passes away with assets that do not pass automatically to others (for example, by beneficiary designation or joint ownership). The court ensures that debts are paid and property is distributed to the correct individuals. If a person does not have a will directing how his or her property is to be distributed, then such property passes according to default laws called “intestate succession.” If a deceased person has property titled correctly in a revocable trust, then those assets can be transferred without having to go to probate. In nearly all estate administrations, income tax returns must be filed.How can we help you when a loved one passes?
We know how to navigate many complex legal rules. Our caring professionals will clearly explain the process and will do everything we can to make the procedures go smoothly. We can also save our clients’ money by providing advice on ways to avoid probate and reduce estate and income taxes. In a time of grief and turmoil, you can trust the lawyers at Yanowitz Law Firm to alleviate stress by providing you straightforward advice and guiding you through the complex web of rules in probate, estate administration and tax.Fequently Asked Questions
My loved one recently passed away. What should I do next?
When a loved one passes away we recommend the family contacts us so that we can set up an appointment. In that appointment we discuss what needs to be done.
Ways our firm can help.
- Collect and transfer property out of a deceased person’s name to the correct beneficiary
- Prepare deeds to transfer real estate
- Answer questions about income and estate taxes
- Draft and file gift and estate tax returns
- Advise on probate matters
How much does it cost for the Yanowitz Law Firm to assist me when a loved one passes?
The amount of time we spend assisting a client when a loved one passes can drastically vary. As a result, we charge hourly for our time. In order to reduce the amount of time we spend working on a matter it is helpful if our clients provide us information promptly in an organized fashion.
What sort of information do you need prior to my first appointment?
When clients set up appointments we will generally send them an informational worksheet. This worksheet helps us gather information about the deceased person’s property and family. We will need a death certificate when that becomes available. We will also ask our clients to provide us any prior estate planning documents that the deceased person had written by another firm (including wills and trusts) and deeds (if we do not already have them). We will also request that our client signs an engagement letter and provides us a retainer.