NY Probate Process
NY Probate Process
NY Probate Process
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Our New York probate attorney, Robert Friedman explains the NY probate process and what you need to be aware of in this video. We can help you.
What is the process of probating a New York Will?
The probate process is for the court to issue a certificate saying that the executor is the rightful person to administer the estate. The executor files a petition with the surrogate’s court. There are certain people who have to sign waivers saying that they have no objection to the will. Other people are sent notice that they’re named in the will.
Also, there has to be filed affidavits by the witnesses to the will. If there is no will or if the will doesn’t waive the bond, the executor may have to file a bond. You can disinherit your children, but you cannot disinherit your spouse. The only way to disinherit your spouse is if you’re divorced, not just legally separated but divorced or if your spouse has abandoned you for one year. Very often people that have a spouse that’s in a nursing home may want to disinherit their spouse because you never know what’s going to happen. You may pass away before your spouse, and you don’t want everything going to the nursing home for your spouse’s care.
You may disinherit your spouse for that reason. That’s an example. If you do disinherit your spouse, your spouse can file what’s called a right of election against your will. If you do disinherit your spouse, your spouse still has a right to file a right of election to get at least one third of your estate. The way that works is if you were to disinherit your spouse that’s in a nursing home and you pass away before your spouse, the county attorney’s office will file a right of election on behalf of your spouse so that the county can recover Medicaid that they may have paid through your spouse’s care in the nursing home.
Are you ready to start your estate planning and have questions about the NY probate process? Contact our experienced New York probate Lawyers at Friedman & Ranzenhofer today to schedule your consultation.
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