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About Us
Our law firm exclusively handles probate issues for individuals and businesses. For all locations in Brooklyn, our legal team has earned the reputation of providing dedicated and aggressive legal services and achieving justice through proven results, a step at a time.
Here, we do more than talk the talk. Our team is physically, mentally, and financially ready to tackle any case you have relating to wills, estate administration, guardianships, probate, estate planning, and associated legal aspects. We also provide legal advice to the decedent’s loved ones – the heirs and family members.
We are proud to have consistently delivered results on behalf of Brooklyn and its environs in Probate cases.
Probate in Brooklyn
We help administrators and executors to settle estates and close them out as quickly and efficiently as possible. You can approach us to handle only a few probate process or estate administration issues, though we can still handle the entire process if you let us. Very few practices in Brooklyn can provide the depth of experience that we do.
So, as probate and estate administration lawyers, what can we do for you?
- Filing the surrogate petition in probate court.
- Identifying and collecting assets of the decedent.
- Filing tax returns on asserts.
- Selling Brooklyn probate assets and businesses.
- Working with problematic heirs.
Why should you trust us with your probate case? Well, we have a whole department that deals with probate and estate administration. We give you reasonable prices – if the task isn’t complicated, you don’t have any reason to pay so much. We have been handling Brooklyn probate issues for many years – an experience that allows us to understand the probate process.
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Marianna Schwartsman
Why Choose Us?
You might be wondering why you need to choose our practice over others. Here are the top reasons why we stand out from the rest.
We Are Experienced in Everything Probate
When it comes to Brooklyn NY probate issues and trust matters, you need to have a lawyer that has the relevant experience in matters regarding probate. Nothing beats experience in all ways – a big reason why you need to work with us. We are familiar with all matters local as well as countrywide.
We have extensive experience handling and winning tough cases, which has resulted in winning billions of dollars in settlements.
Anyone can advertise that they are experienced, but this “experience” can mean different things to different people. When you dig a little bit deeper, you find that we have actual cases and proven successes in issues that touch on probate.
We are happy to speak about our past cases and answer any questions regarding the trial results. We are willing to meet with you face to face or talk over the phone to answer most of your questions.
Your case is pending, and it is taking a lot of your time and money – you need a probate Brooklyn lawyer that has real-world experience on your side.
We Are Good Communicators
We understand the importance of communication in your case. Whether you are coming up with an estate plan or are in probate court for litigation, communication is one of the major pillars of a successful case.
We anticipate your questions; therefore, we keep you abreast of developments without the need to call in first. We offer different communication platforms to make sure you can get to us when you feel like it.
We know too well that the platform itself won’t deliver all you need in form of information – we strive to communicate to you in an understandable and organized manner. It takes a keen eye to judge whether you prefer email, Whatsapp, a call, or in-person communication.
While communication is important, we also realize the dangers of over-communicating. This is unnecessary and not cost-effective at all.
When you need to take a step or make a decision that is vital to a case, we explain the different options you have available to you. We aim to make sure you communicate with us in the right way and in a cost-effective manner.
To cap it off, we have a multilingual team that will come in when need be, which means you are at home.
We Work Professionally
Being professional is way more than just personality. It comes with certain behaviors and actions that differentiate the best attorney from one that is just competent.
So, how do you know we have professionalism?
- We work in a dedicated way to protect all your interests before, during, and after probate.
- We make sure you don’t pay more than you are supposed to pay, using your resources as if they are our own.
- We communicate promptly, and if we don’t, then we return all your phone calls within the shortest time possible.
- You will always find us at meetings, well prepared.
- We do follow-ups appropriately and promptly.
- We give you a list of options to choose from.
- We are respectful, regardless of your statue, role, and position in society.
- We behave appropriately in every situation.
- We won’t push you to do what you don’t want to.
As probate lawyers in Brooklyn, we display a tireless passion for protecting all your interests. We take control of your problem and devote ourselves to come up with the best solution to your issue.
We Are Familiar with Brooklyn Because We Have Offices in the Locality
For a long time, we have been in Brooklyn long enough to know what is required of us and what has to be done to win the case. We have offices in Brooklyn, Manhattan, Queens, and Manhasset, Nassau County. This means that we have an office near you for convenience.
However, the probate Brooklyn lawyer that we assign to you has the experience to give you international representation in another state. We have created networks with other probate lawyers in other states so that when the time comes to need one, we make it possible. Technology has made it easy for you to use a specialist from any place in the country.
You are better off with us because we understand the local laws and procedures and the authorities in the local justice systems. Our presence in your locality means that you can have face to face meetings with us, which is always better than phone conversations or emails.
Wide Support Network and Enough Resources
We can handle simple and complex cases, as well as spikes in caseload. Our legal team is conversant with all probate law areas, which means that you will have someone handling your case at any one time.
We have all the resources that you need for a case. For instance, we have an extensive information retrieval system to save you money on research. This way, you don’t have to travel the globe looking for information when we have all you need.
We Provide Flexible Billing Arrangements
At some point in our discussion, the conversation will turn to the cost of the case. We take the time to explain deeply regarding the billing procedures and the methods that we use to bill you. We usually bill by the hour, but we also have alternative methods that you can look into and use.
Additionally, we have discount plans for high work volumes. Our charges are fully transparent, which means that we don’t have any hidden charges when it comes to billing.
Once we decide on the fee and how you are supposed to pay, we seal the agreement with a written letter that addresses all aspects of the relationship and the billing arrangement.
We Have a Proven Track Record
We have nothing to hide; therefore, we give you the chance to search online or in any directory regarding our name. Check out what our customers have said about us and any other comments that they have left behind.
You can check in the New York bar association website whether we have any accusations, complaints, or misconduct charges that have been filed against us.
We are ready to talk about our experience, complete with evidence to show what we have done before.
An Outstanding Reputation
Our firm has a good reputation within the Brooklyn community, clients, and the courts as well. A number of our lawyers have been recognized across the state for providing the best legal services to clients over the years. When we talk to you, all we see is the next happy client.
We Have Solutions Tailored to Your Problem
We know too well that no problem is the same – everyone has a unique issue that needs to be handled only by the best. When you come to the first meeting, the Brooklyn NY probate lawyer approaches you with an open mind – to discover more about the case.
Our role is simple – find out all we can then come up with the right solution as per the issue. As much as we have the law at the fingertips, we also develop strategies only a professional can come up with.
Our competency makes sure that we can handle the case efficiently, even when something unusual crops up. For instance, we are licensed to practice in other states, which is vital when your case needs us to go out of state.
We Have Good Judgment Skills
We can come up with logical, reasonable conclusions from the limited information that you give us. While we need as much information as possible, there are times when you don’t have the information, and we have to work with what you present to us.
We have the knack to spot potential weak spots in your argument. We know that time is limited in any case, and it needs an analytical mind to discover what the underlying issue is, and the solution to the problem.
Extensive Research Skills
We have a team that can research fast and effectively to understand your needs and develop legal strategies.
To develop legal strategies, we have to absorb and comprehend huge amounts of information and then distill the information down into something we can manage.
We Possess Good People Skills
Irrelevant to our qualifications, we understand that at the end of the day, we have to work with people on behalf of others and make decisions that impact the lives of people.
Our Practice Areas
Estate Planning to Avoid Probate
We are laser-focused on your estate planning needs so that you can avoid probate. Our probate Brooklyn lawyer comes up with an estate plan that protects your estate, your loved ones’ interests, avoids probate, and saves you money. As a law firm, we are fully licensed to provide these services in Brooklyn.
The Estate Planning Process
Our goal is to be as time conscious and efficient as possible. We believe that every situation is unique, which means that it might require a different approach to your issue. We assist the client using the following steps:
- Set up a phone call or a meeting: Here, we set up some time to meet or speak on the phone with a Brooklyn probate lawyer. We understand you are so busy, so we always try and do everything on the phone.
- To make the best use of the time you have, we request you to send relevant information via email early in advance.
- Fill up the estate planning questionnaire. This allows us to understand your issue so that we have a solution when you come to the offices.
- Initial meeting. During this meeting with a probate lawyer in Brooklyn, we discuss your unique situation and the plan that meets your needs. Here, we agree on the project, the fee, and we need your consent to move forward with the project.
Setting Up Irrevocable Living Trusts (ILTs) to Avoid Probate
An ILT is a vital tool because it avoids probate. When you place your assets in ILT, you no longer own the assets. By avoiding probate, you also keep the contents of your estate private.
The role of probate lawyer Brooklyn is to make you know what to tool does for you and come up with the best one to avoid the probate process. We help you get a trustee and direct you on how to assign beneficiaries to the trust. We also help you know the best way to fund the trust.
The probate lawyer in Brooklyn helps you come up with any of the following types of trusts:
- Spousal Lifetime Access Trust
- Irrevocable Life Insurance Trust
- Disclaimer Trust
- Dynasty Trust
- Grantor Trust
- Qualified Domestic Trust
- Qualified Personal Resident Trust
- Education Trust
- And many more…
You need to work with a Brooklyn NY probate lawyer because the advice you get will help minimize conflicts and reduce litigation chances. Additionally, working with us helps reduce the likelihood that the trustee will make an error that might make the estate end up in probate.
Setting Up Special Needs Trusts to Avoid Probate
If you have a person with a disability or any other vulnerable person in the family, you need a special needs trust. We have the experience and capability to come up with a special needs trust that won’t interfere with the government benefits that the person is receiving. Additionally, the funds in the assets won’t have to go through probate when done right. This is what we ensure we achieve.
The trust makes sure the estate is settled faster after the trustor passes away, majorly, because it won’t have to be settled in probate court.
We help establish:
- First-party special needs trusts.
- Third-party special needs trusts.
- Pooled special needs trusts.
Represent You in Will Contests in Probate Court
The validity of a will or a trust can be challenged in court by the beneficiaries during the probate process. When this happens, you need to have the best Brooklyn probate lawyer to defend you. Will contests might happen due to forgery, undue influence, or fraud.
The years we have spent focusing on these contests allow you to explain the underlying matters simply. We work with you to analyze the case’s weaknesses and strengths and develop a plan of attack in your best interests.
Even before your will gets contested in court, we aim to make it foolproof so that it cannot be challenged in probate court. We go over the New York inheritance laws to make sure the document you have is legal and immune from any challenge that comes it’s way.
Setting up a Revocable Living Trust (RLT) to Avoid Probate
You cannot know whether an RLT is right for you until you have talked to a probate Brooklyn lawyer.
One of the main reasons why we advocate for an RLT for our clients is to avoid probate. The RLT makes sure you don’t own the property that you add to the trust. Technically this property passes to the beneficiary. This means there is no need for probate when transferring ownership to another individual when you pass away.
This tool isn’t for everyone – it needs you to come in so that we can analyze your assets, goals, and applicable taxes to determine if setting up one is worth the merits.
Before we set up a trust for you, we take time to analyze your case, debunk some myths and then give you a rundown of what we think is the best way to go about it.
So, when do we recommend an RLT?
Here are situations that require you to come in for an RLT:
- When you are elderly and you need assistance with your finances.
- When you want to avoid probate on your assets.
- You need help with managing your assets.
- When you own real estate in another state out of New York.
- When you have bank accounts or other investments in states outside New York.
- When you need to replace your existing will.
When it comes to setting up an RLT, you need to count on one thing – we won’t sell you this idea if the RLT doesn’t fit your estate plan.
You need a probate lawyer in Brooklyn if you only transfer a few assets to the trust. The property you leave out of the trust will go through probate, and the presence of a probate lawyer is necessary for advice.
Handling Probate Litigation
Probate litigation refers to the act where an interested party raises a dispute or makes a claim during the probate process.
You will find very few lawyers that can take on probate litigation issues. This is because it takes a lot of work, experience, and commitment to the process. While many of the probate cases will not be contested, some of them will be. Some of the issues we handle include:
- Will contests and defense.
- Fiduciary misconduct, breach of fiduciary duty, and responsibility.
- Probate fraud.
- Probate litigation.
- Fee disputes.
- Improper execution.
- Undue influence.
- Elder abuse.
- Removal of trustees or executors.
- Removal of the agent under power of attorney.
- Creditor claims against an estate.
- And many more.
If you have any other issue apart from the ones listed here, you can always talk to a probate Brooklyn lawyer if the issue falls under this caveat. We are always ready to help.
How do we come in? First, we gather the evidence necessary for the litigation. We have experience using interrogatories and depositions to get helpful information relevant to the case.
We have a solid foundation in probate litigation, therefore being able to represent you fully at each stage of the lawsuit. We also have substantial courtroom experience that we apply to your case.
We have handled all types of probate litigation disputes in Brooklyn, and we are happy to answer any questions you might have. To assist you in understanding what we have for you, we can schedule a meeting where you can describe the issue at hand.
Frequently Asked Questions
Well, you can. We have had clients that owned property in joint ownership with their partners. If the ownership is titled “joint tenant with right of survivorship,” the property will pass automatically to the named spouse.
This is called”intestacy,” The court names a probate administrator to handle the estate’s duties during probate. The executor has to seek the probate court’s approval before making any transactions, for example, the sale of personal property.
If a friend or a relative names you as the executor of their estate, your main duty is to ensure that the decedent’s wishes are fulfilled while you fulfill the probate court’s guidelines. You have to identify the assets, value them, and then make sure they are well distributed according to the court’s guidelines. Other duties you might be required to perform include filing income estate tax returns, selling assets, or making a claim on life insurance.
There are various ways you can bypass probate in Brooklyn. Here are a few cases that won’t require the assets going through probate court:
- The decedent established a living trust and used his assets to fund the trust.
- The decedent came up with IRAs, 401ks, brokerage and bank accounts with beneficiaries attached to ensure the funds in these accounts are paid out upon their death.
- The will-maker used a joint tenancy deed to grant houses and other real estate properties to a beneficiary.
Knowing when the different probate laws come into play help you in different situations that include:
- When disagreements or arguments arise over the distribution of the estate to the beneficiaries.
- When disputes arise about the appointment of an executor.
- The point when creditors make huge claims against the estate.
- When a will or trust is contested.
- Failure to locate or verify important estate planning documents.
Having a probate lawyer isn’t an obligation; however, the administration of estates can be a complicated process that requires a lot of time to handle all the tasks that are required.
Additionally, there are some legal requirements you need to satisfy to make the process successful. It is wise to consult an expert lawyer that specializes in probate at the earliest opportunity.
Managing wills and estates are difficult issues, especially when families are grieving from the loss of their loved one. Working with an experienced Brooklyn probate lawyer is the best choice to ensure the process runs smoothly and assets are managed properly.
