As inheritance lawyer in New York City, we deal with a diverse range of inheritance matters:
Estate planning is an important aspect of inheritance because it allows a person to strategize on the most efficient and cost-effective way to transfer property to the intended beneficiaries after death. Although estate planning is usually associated with the drafting of wills and trusts, an experienced estate planning lawyer will take into account the client’s total property value, the kind of assets, the family composition, the objectives in distribution, and other tax consequences to arrive at a proper estate plan which could include a mix of revocable and irrevocable trusts, a power of attorney, health care proxy, and a pour-over will.
Another aspect of estate planning involves planning for disability and ensuring the preservation of assets in case there is a need to avail of Medicaid. Medicaid lawyers specialize in Medicaid Asset Protection Trusts and other Medicaid strategies, such as half-a-loaf planning, to ensure the client preserves his assets while still being eligible for Medicaid.
Another law practice related to inheritance is estate administration. This involves the filing of a petition for probate or administration. The inheritance lawyer files a petition for probate when the decedent dies with a will and files a petition for administration if the decedent dies without a will. This petition allows the appointment of an executor or administrator who can then manage the estate of the deceased, pay off debts and taxes, and distribute assets to the beneficiaries or heirs.
When the executor or administrator finds out that some of decedent’s assets are held or possessed by a third person, the inheritance lawyer can file discovery and turnover petitions to order the attendance and examination of third parties regarding the decedent’s assets and to demand its turnover to the estate.
Estate and trust accounting requires specialized skills in the preparation of accounting schedules. This includes a thorough review of the estate account in order to organize and itemize the expenses into principal, income, distribution, administration expenses, cash reconciliation, and other tables. This practice of law includes the preparation of documents of the beneficiaries’ receipts and releases that would absolve the personal representative from liability and preparing adequate responses to objections on the accounting.
Accounting also includes representation in kinship proceedings when there are issues regarding the identity of the heirs.
Estate litigation is another practice related to inheritance law. This includes will contests, the discovery and turnover of assets, contesting beneficiary designations, contesting deeds, removing executors or trustees, and making objections to the accounting, to name a few.
Inheritance lawyers are critical in ensuring the eligibility of clients for government benefits while protecting assets, preparing proper estate planning documents that transfer assets upon death at the fastest way possible with minimal costs, representing clients with the court on many different aspects, and ensuring that generational wealth is preserved.
If you need legal representation related to inheritance or estate planning, we at the Law Offices of Albert Goodwin are here for you. We have offices in New York City, Brooklyn, NY and Queens, NY. You can call us at 212-233-1233 or send us an email at [email protected].