Probate Helping Individuals for 30 years

Poughkeepsie Probate Lawyer

Probate a Will or Administration Proceeding Today | Serving Dutchess, Westchester, and Putnam Counties

When a relative or friend has named you to be an Executor your first step is hire a lawyer. Martin Law PC represents Executors so that a Will can be Probated quickly and efficiently. If someone has died without a Will the process to distribute property is known as Administration. We help with both Probate and Administration proceedings.

Why Choose Martin Law, P.C. for Your Probate Needs?

People are busy, and we provide full service so that the Probate or Administration process can be finished with a minimum of time and effort from you, the Executor or Administrator. Out of state Executors do not have to travel, and Court appearances are minimized. Most clients do not want to appear in Court and will never have to.

We take care of all matters relating to the Probate and Administration process. Probate and Administration is the Court processes that distributes a deceased person’s assets.

We will guide you through this process.

Martin Law, PC offers a free initial consultation so that everyone can meet and we can determine your legal needs. Contact us at (845) 764-8104 to speak with a probate attorney in New York.

Key Benefits of the Probate Process

After someone passes away, a legal procedure known as probate is used to distribute their assets and pay off their debts. Even though the legal process of probate can seem overwhelming and complicated, knowing its importance can help you go through it with more certainty.

Here are a few key reasons why probate is crucial:

Probate ensures that the deceased person's assets are secured and dispersed in accordance with their wishes, as stated in their will.
It enables the correct settlement of any outstanding debts or claims against the estate. This guarantees that creditors are properly paid and avoids any potential legal complications in the future.
The probate process provides legal validation of the deceased person's will, ensuring its authenticity and preventing any disputes or challenges from arising.
Probate ensures a seamless and lawful transfer of ownership by facilitating the title of a deceased person's property from them to their beneficiaries.

Understanding the Probate Process: What to Expect

During a Probate proceeding the Court determines the validity of a Will. Whether a Probate or Administration proceeding, the Deceased’s property is valued at this time. Further, Debts that the Deceased owed are determined at this time. If a Will, the Probate proceeding the Court will direct the Executor to grant the final wishes of the deceased by distributing property. Without a Will, the Administrator follows the Court’s Order to distribute assets pursuant to a statutory formula for when a person dies without a Will.

If you have lost a loved one and you need assistance with the Probate or Administration process anywhere in New York State, Michael Martin at Martin Law, PC can help.

Assets held in the probate process include:

Real property (houses, land, etc.)
Valuables (jewelry, furniture, etc.)
Mutual funds, bonds, and stocks
Checking and savings accounts

Does All Property Go Through Probate?

Not all property must go through probate. In addition, property can pass outside of the Estate depending on how it is titled. If property is owned jointly or in Trust it will not go through the Probate process.

Only an estate that is valued more than $50,000 will go through the probate process if there is a will. If the estate is small, or under $50,000, then it will go through a "small estate proceeding". If there is no will, then the estate will go through an "Administration" proceeding.

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The Role of an Executor in the Probate Process

One important aspect of probate is the appointment of an executor, who is responsible for managing the estate and ensuring that the deceased person's wishes are carried out. At Martin Law PC, our experienced probate lawyers can guide you through the executorship process and help you understand the responsibilities involved.

Here are some key points to know:

Executor Appointment: The executor is typically named in the deceased person's will. If there is no will or the named executor is unable or unwilling to serve, the court will appoint an administrator.
Legal Authority: Once appointed, the executor has the legal authority to gather and manage the deceased person's assets, pay debts and taxes, and distribute the remaining assets to the beneficiaries.
Inventory and Valuation: The executor is responsible for creating an inventory of the deceased person's assets and obtaining appraisals or valuations as necessary.
Debts and Taxes: The executor must notify creditors, pay valid debts from the estate, and file any necessary tax returns.
Accounting and Reporting: Throughout the probate process, the executor must keep detailed records of all financial transactions and provide periodic accountings to the court and beneficiaries.
Distribution of Assets: Once all debts and taxes have been paid, the executor distributes the remaining assets to the beneficiaries according to the terms of the will or the laws of intestacy.

Safeguarding Your Loved Ones' Assets During Probate

The person responsible for dealing with a deceased person’s finances and property, the Executor or Administrator, has been entrusted with a great responsibility. We can assist with virtually any area of Probate, including protecting the Estate from attacks.

We proudly represent clients in Poughkeepsie and throughout New York State, and clients prefer our law offices for many reasons:

30+ years of satisfactory results for clients
Personal and professional attention at all times
Effective legal strategies to protect assets Estates
Complimentary and confidential consultations throughout the proceeding

Martin Law, PC offers free initial consultations when you need help.

Contact us today at (845) 764-8104 to speak with a probate attorney in New York during a free initial consultation if you would like to learn more.

Additional Resources for Probate Assistance

Surrogate's Court - Ninth Judicial District

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What Our Clients Are Saying

At Martin Law PC, your satisfaction is our priority! See for yourself what our clients have to say about working with us.

“Always provided sound legal advice”
“Martin Law makes their clients a priority and is there when you need him. They always provided sound legal advise. I am very grateful for all their help over the years.”

- Christine Murray
“The service has been excellent”
I have used the Martin Law Firm for over 20 years. The service has been excellent handling real estate transactions, lawsuits and Estate Planning.

- Fred Cantor
“a kind, thorough, and professional attorney...”
“strongly recommend him to anyone who is in need of legal counsel”

- Sharon and George Gillen
“Michael and his staff are extremely professional and thorough.”
My husband and I have used Martin Law on several occasions and have always been very pleased. In addition to receiving excellent advice, Michael and his staff are extremely professional and thorough. I would not hesitate to recommend Michael Martin (and have).

- Risa Getman
“Mr. Martin made it so easy to achieve the results I wanted.”
“It was the best decision I ever made. Each time I had a question about something, they were there with the answers.”

- Robert Beahan

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