Melville, NY, Probate Lawyer

Schneider, Garrastegui, & Fedele, PLLC helps estate executors and administrators navigate the
 complex probate or administration process.
Call Us (631) 756-6006

Probate in Melville

Probate is the legal process of administering an estate and distributing property after someone passes away. While it looks straightforward on paper, it’s often full of challenges. For instance, you might have a hard time locating all the property or find yourself fighting off challenges from creditors. The road bumps make an already laborious process even more difficult. Fortunately, you can simplify it by having a Melville, NY, probate lawyer by your side.

Our firm can take the lead and handle all the tasks, from gathering and valuing assets to distributing the property. You can also hire us to help with a single task, such as defending the estate against legal challenges. Contact us today to discuss ways we can help you through this process.

Probating a Will

Your Melville, NY, probate lawyer can help you navigate the steps of administering an estate, including:

  • Reviewing the will
  • Filing for probate
  • Notifying interested parties
  • Inventorying and valuing the assets
  • Paying taxes and other debts
  • Distributing property to beneficiaries

Additionally, we can represent the estate during legal challenges. Reach out to our firm today to learn more about how we can help you administer an estate.

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Why Choose Schneider, Garrastegui, & Fedele, Pllc?

  • Hyper-focused on Your Needs – While some firms dabble in numerous practice areas, we focus on elder law and real estate. Our limited scope of practice allows us to stay up-to-date and provide hyper-focused, client-centric legal services.
  • Highly Rated – Our firm has accumulated numerous 5-star reviews on Google, Facebook, Yelp, and Avvo.
  • Two Locations to Serve You – Visit our fully staffed Class A office space in Melville, NY, or make an appointment at our satellite office in Hauppauge, NY.
  • Small Firm with Big Firm Assets – As a small firm, you can expect hands-on, customized service with us. At the same time, our assets are comparable to a much larger firm, so we have the resources to help clients of varying and even challenging needs.
  • Bilingual Support – With both English and Spanish-speaking staff and attorneys, you’ll feel at home at our firm.

Collecting And Valuing Assets

If you’re the executor of the estate, you will need to collect and value the assets. This is often more challenging than you might think. Many people think that the last will and testament contains all the assets, but that’s rarely the case. Instead, you’ll need to review financial documents and possibly speak with the person’s financial advisor to track everything down. You should even check with the state to find out if the estate has any unclaimed funds to add to the list of assets.

Many people who go through the process liken it to working as investigators. Fortunately, a Melville, NY, probate lawyer can assist you with the challenging process. Our firm has handled numerous probate cases and has experience hunting hard-to-find assets. With our help, you won’t have to worry about missing important assets while probating a will.

Non-probate Assets

Most assets have to go through probate before they’re distributed to beneficiaries. As the estate administrator, you’ll be in charge of these assets. However, some assets can skip probate. For instance, assets inside of a trust aren’t subject to probate. Instead, they’re distributed based on the guidelines set forth in the trust. Additionally, you won’t probate annuities, joint tenancy property, or retirement funds.

When valuing the estate, you might be confused about which assets to count and which to leave behind. Instead of guessing, reach out to our Melville, NY, probate lawyer. Our attorney can review the entire estate and separate assets into “probate” and “non-probate” categories. This will make it easier for you to move forward with the legal proceedings.

Obtaining A Bond

The court might direct you to obtain a bond if you’re serving as the executor. However, your loved one might have stated that it’s not necessary when creating the will. Your Melville, NY, probate lawyer will review the will and court orders to determine if you need a bond. If you do, your attorney can help you obtain one to protect the beneficiaries. However, if you do not need a bond, you still need to be mindful of protecting and preserving the assets when administering the estate. If you make mistakes, beneficiaries can file a claim against you. Thus, consider obtaining legal counsel to help you with your financial duties during probate.

Contesting A Will

Distributees and beneficiaries have legal standing to contest a will. Distributees refer to those who would have received more money under the inheritance laws than they did through the will. Then beneficiaries refer to people who would have received a larger share during a previous version of the last will and testament. If you have legal standing, you must choose the grounds to contest the will. You can contest it due to undue execution, revocation, inception, fraud, or undue influence. Our Melville, NY, estate administration lawyer helps with both sides of this issue. We can mount a legal challenge to contest the will or defend the estate against legal challenges.

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135 Pinelawn Rd #250s, Melville, NY 11747
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Clients first entrusted us to help them with their estate planning and elder law issues over 30 years ago. Since then, we have expanded our practice to include real estate, but our focus continues to be on assisting clients with some of the biggest issues they will face in their lives.

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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. Contacting us does not create an attorney-client relationship.

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