Articles Posted in Probate

When someone passes away in New York, their estate often enters probate, a court-supervised process that validates the will, settles debts, and distributes assets to beneficiaries. During this vulnerable period, estates can be subject to creditor claims that diminish inheritances and frustrate the deceased’s wishes. Protecting an estate from creditor claims requires understanding New York’s…

Life throws curveballs, and sometimes medical decisions arise when you can not speak for yourself. A living will and health care proxy prepare for that type of situation. Living wills express your wishes on life-sustaining treatments, while a health care proxy appoints a trusted person to make medical choices if you’re unable. These documents give…

Imagine this: it’s a beautiful Saturday morning, pancakes are sizzling on the griddle, and your kids are laughing as they chase each other around the house. Life is good. But then, a serious thought creeps in: what would happen to your children if something unexpected were to happen to you and your spouse? This might…

Imagine your grandfather, who loved fixing clocks and telling jokes, can’t remember his favorite tool anymore. He’s been forgetting things a lot lately, and you worry he can’t manage his money or make safe decisions about his care. This is a situation where a legal guardian could be necessary.  Let’s face it, thinking about our…

Imagine a handy tool that lets you call the shots on your money and belongings, even after you’re gone. That’s the magic of a Revocable Living Trust (RLT). Think of a Revocable Living Trust  as a container that holds your stuff – bank accounts, investments, real estate, you name it. The best part? You can…

Imagine you and your sibling inherit a beloved lake house from your parents. You both have fond memories of spending summers there and want to keep it in the family. But without a plan in place, figuring out how to transfer ownership could be confusing and time-consuming. The probate and estate planning attorneys at The…

Picture this: Your aunt from New York passes away, leaving you her cottage in Vermont. As her heir, you’re eager to claim ownership and cherish the memories associated with your aunt’s cottage. However, you soon realize that merely inheriting it isn’t as straightforward as you thought. This is where ancillary probate comes into play.  When…

What is Probate? Imagine this: someone close to you passes away. Their belongings and savings need a new home. This means that probate will be required in order for those assets to be administered. Probate is the legal process that determines who inherits these assets by validating your loved one’s will. At The Chamberlain Law…

Imagine this: You’ve inherited a beloved family member’s estate, brimming with memories and assets. As you navigate the legalities, you stumble upon a critical requirement—an Employer Identification Number (EIN). This unique identifier, akin to a social security number for the estate, is your gateway to fulfilling IRS obligations and managing the estate’s affairs smoothly. An…

On top of the emotional grief of losing a loved one, there’s often the hassle of sorting out their finances. This is where probate comes in. Probate is like a scavenger hunt in court to find, collect, and distribute the deceased person’s stuff (their “estate”) to their rightful heirs, while also paying off debts. But…