Schodack Landing, NY Estate Planning Law Firms & Lawyers

You discuss using a trust with an estate planning attorney. The type of trust that you are interested may include a QTIP trust, or may provide that your of the community is to be used for the benefit of the child. A Will will not provide you with the protection that you desire.

If you are the named beneficiary on an account, like a pay of death account, you simply present a certified death certificate to the holder of the account, i.e. bank. If that is all that is at issue, you do not need an attorney. If you hit a snag, you may wish to consult counsel.

Hello: I am an Attorney in New York. The named executor in the Will can petition the court to probate the Will to represent the estate to gain access to the premises of the decedent. When there is a need to act fast, the executor can request preliminary letters testamentary. An executor named in the Will may file with the court a written request for issuance of preliminary letters testamentary. One reason is to obtain access to the premises of the decedent to preserve and inventory assets. At the same time, if the decedent had been living with someone at the time of death, that person has a right to stay on the premises as a tenant that is entitled to proper notice to vacate the premises according to the landlord-tenant laws. If the tenant is refusing access, there may be a need to request judicial intervention to get a court order for entry.