Probate & Estate
The Trotto Law Firm, PC can assist you in the probate and administration of estates.
The decedent’s Last Will and Testament must be probated with the Surrogate’s Court and the named Executor will be appointed to manage the estate by gathering all of the assets, paying off the decedent’s debts and distributing assets in accordance with the Will.
Intestate Proceeding: No Will
In the event a person dies without a Will, then a member of the decedents’ family must petition the Surrogate’s Court for an Administrative proceeding. The decedent’s assets are distributed by the laws of intestacy – to the decedent’s spouse and children.
Elective Share Proceedings
In New York the only person you cannot disinherit is your spouse. If your husband or wife disinherits you, you are entitled to your elective share which is in most cases one-third of your spouse’s assets.
In some instances a person lacked the requisite capacity to execute a Will or they were unduly influenced to execute a Will, in these circumstances a spouse, child or other interested party can contest a Will. Will contests are a difficult and complex process which the Trotto Law Firm, PC can assist you in.