Cottekill, NY Estate Planning Law Firms & Lawyers

With proper planning at least one third of your mother's assets can be preserved, possibly more. An attorney experienced in the area of Elder Law such as me will be able to assist you. Unfortunately it will be much more difficult if not impossible to protect her income unless she has a spouse living in the community.

It would depend upon the item(s), its value, and how you plan to use it. Can you use a pen belonging from the decedent to sign some estate documents? Yes. Can you you use the car? No. Responsibility for the closing of the estate has been given to you but the assets do not belong to you. You are also legally responsible for maintaining the assets in good condition and could be liable to the heirs for any damage you do.

In California, a will must be probated unless the probatable estate is small enough, under $150,000, to be distributed pursuant to a declaration procedure. The "probatable estate" does not include property held in joint tenancy or which passes to a designated beneficiary (e.g., life insurance) or pursuant to a "pay on death" arrangement with a financial institution. Probate is usually necessary when there is real property standing only in the name of the decedent. If probated, there is a creditor claim procedure which determines which, if any, creditors get paid and how much. Yes, it is common practice to have an attorney represent the personal representative and the estate in a probate case.