Probate & Estate

The Trotto Law Firm, PC can assist you in the probate and administration of estates.

Probate Proceedings
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.

Will Contests
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.

Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail.