Probate Attorney in Westchester County and NYC
If you just lost a loved one, you may feel overwhelmed and confused. Cormac McEnery brings years of knowledge and experience to assist you in the complexities of New York State Surrogate’s Court proceedings, the administration of estates, and estate tax proceedings.
Get personalized help from a reliable probate attorney
Probate attorney Cormac McEnery provides advice and assistance for trust and estate planning, including:
- Court Proceedings: An attorney can help you prepare, execute, and file with the Surrogate’s Court, the necessary documents to probate a decedent’s will and have an executor of the estate appointed. If the person died without a will, your New York wills lawyer can draft the documents needed to appointment an administrator, and trustee, if necessary.
- Estate Administration: Administering an estate often includes post-mortem estate planning, inventory, valuation, collection, and sale or distribution of the decedent’s assets. An attorney can guide you through funding trusts, paying the decedent's debts, and managing the estate's expenses. Other areas where legal services are helpful include record keeping and filing the decedent’s final income tax returns and the estate’s fiduciary income tax returns.
- Estate Tax Proceedings: Even if all the decedent’s assets were held jointly or if a beneficiary was designated and no NY Surrogate’s Court proceeding is necessary, the estate must file an estate tax proceeding. Depending on the total value of the assets at the time of death, an estate may need to file a federal estate tax return and/or a New York State Estate Tax Return or a New York State Estate Tax Certification. This is especially important if the decedent had assets that could subject the estate or beneficiaries to capital gains taxes when the asset is sold. This includes assets such as real property and securities. The estate must document the new cost basis of these assets for future capital gains tax purposes. The estate must also get a New York State estate tax lien release for real property located in New York State.
- Accounting and Settlement: To get finances in order, an experienced probate law firm may be needed to help prepare and execute fiduciary’s accountings, the releases of the fiduciary, final distribution of the assets, payment of commissions, and closing of the estate.
A dedicated wills and probate attorney you can trust
At the Cormac McEnery Law Firm, our experienced team serves clients from New York City (Manhattan, Bronx, Brooklyn, Queens), Westchester County, Nassau County, and Suffolk County. We have three convenient office in New York, and are available to help you today. To set up a free consultation with a knowledgeable wills and probate attorney, contact Cormac McEnery online or at 1-888-368-4329.