Rochester Probate Attorney
Effectively Navigate Probate in Monroe County with Aaron Gavenda
The New York probate process can be complex and time-consuming, but with the help of an experienced lawyer, you can navigate these proceedings with confidence. Aaron Gavenda is an experienced Rochester probate lawyer who can assist with all aspects of the probate process, from preparing and filing probate documents to representing you in court. Additionally, he and our team can help you consider any ways to avoid probate through estate planning, such as establishing a trust or using beneficiary designations. We are here to simplify probate and help you reach an ideal result.
For probate help in Monroe County and the surrounding areas, contact our firm!
What Is Probate?
Probate is the legal process of administering a person's estate after they pass away. During probate, a court oversees the distribution of the decedent's assets to their beneficiaries. If the decedent left a will, the court will also ensure that it is valid and enforceable.
In New York, the probate process begins when the executor named in the will files a petition with the Surrogate's Court, which oversees probate proceedings. The court will then appoint an executor to manage the estate and distribute the decedent's assets to their beneficiaries. The executor is responsible for paying any outstanding debts and taxes owed by the estate before distributing assets.
Our firm can help with all aspects of the probate process, including:
- Preparing and filing probate documents: We can help you prepare and file the necessary documents to initiate the probate process.
- Representing you in court: If there are any disputes or challenges to the will, we can represent you in court and advocate for your interests.
- Managing the estate: If you are named as an executor, we can help ensure that you uphold your responsibilities in the management of the estate.
- Providing guidance: We can provide guidance and advice throughout the probate process and help you navigate any complex legal issues that may arise.
Ways to Avoid Probate Through Estate Planning
While probate is sometimes necessary, there are ways to avoid probate through estate planning.
You may be able to avoid probate in New York by:
- Establishing a trust: By establishing a trust, you can transfer your assets to the trust during your lifetime, which can help avoid the need for probate.
- Joint ownership: If you own property jointly with another person, the property will automatically pass to the surviving owner upon your death, without the need for probate.
- Beneficiary designations: By designating beneficiaries for your retirement accounts and life insurance policies, you can ensure that those assets pass directly to them.
If you have more questions about probate or want to see how Rochester probate lawyer Aaron Gavenda can help you and your family, call (585) 332-4501 or contact us online.