Probate & Administration

After a family member passes away, those left behind must deal with a number of necessary but challenging legal steps. An experienced New York probate and administration lawyer is always essential during probate—and especially if there are serious questions regarding the Will’s validity.

Ledwidge & Associates, P.C. can give you the advice and counsel you need to make informed decisions about your probate law matters.

What is Probate?

Probate is a court-supervised process for authenticating a Will and appointing a named executor to distribute your estate. As part of the probate process, all your assets must be located and valued. Taxes and debts are paid. Then, the remaining value of the estate is distributed. 

Probate can last anywhere from a couple of months to years. Factors that affect the length of the probate process include the number of assets, whether or not there is a valid Will, and any disputes regarding the Will.

There is no law stating you need an attorney for probate, but if the estate has significant assets and potential legal issues, you are better served by retaining your own counsel. If you are a beneficiary, you need to make sure you obtain your fair share of the estate. If you are an estate executor or administrator, an experienced lawyer can help you avoid costly personal liabilities.

Probate can be a complex confusing process. You may be faced with many decisions and not be certain which decisions are the right ones to make. We can give you the advice and counsel you need to fully understand the issues and the implications of your decisions. With that information in hand, you can make sound, informed decisions about your important probate law matters.

Knowledgeable Guidance Through The Probate Process

At the Law Offices of Joseph A. Ledwidge, P.C., we provide knowledgeable probate law representation to clients in Queens, Brooklyn, Manhattan, Long Island, and Bronx.

Attorney Joseph Ledwidge has approximately 15 years of experience in handling probate and estate administration matters and will work with you personally to help you achieve your legal goals.

Whether you’re looking for a professional probate lawyer to ensure that your will is in order or an estate law attorney to sort out your assets, we can provide the legal assistance you need.

The scope of our probate law practice includes:

Our firm is focused on providing exceptional legal service and reasonable fees. We also offer clients convenient payment plans.

Visit our Probate FAQ page for more information about our probate law practice.

Estate Administration

Estate administration is the process of settling the financial affairs of someone who died without a Will, legally referred to as intestate. In the estate administration process, assets are distributed according to New York laws of intestacy.

In New York, that law is found in EPTL 4-1.1. If there is a spouse and no children, the spouse receives 100 percent of the estate. If there is a spouse and children, the spouse receives $50,000 plus half of the balance of the estate. The children inherit everything else. If one of the children is deceased and they had children, these grandchildren take their deceased parent’s share. When there is no spouse, the children share the estate equally. 

For example, if your father had no spouse, you and your sisters would get an equal portion of your father’s estate. If you and your siblings are not able to agree on which personal items to take, the court will order the items sold and the proceeds will be divided amongst the distributees of the estate.  

If someone dies without a Will and has no family, their property will “escheat” into the state of New York. This is a rare occurrence; most people have a family, and the law is set up to give your property to anyone who is even remotely related to you.

Our estate administration lawyers represent both family members with a direct claim to assets and those who need to prove kinship to inherit.

Contact A Queens Probate Lawyer For Your Probate Law Issue

If you are seeking representation for a probate law matter in Queens, Brooklyn, or anywhere in the New York City metro area, we are here for you. Contact us online or call 347-395-4799 to schedule a consultation with a skilled New York probate attorney.