Law Offices of Somekh & Associates

In New York, as a general rule, if an individual owns property or accounts in his or her name at the time of death, a proceeding must be commenced in court to probate the Will. This proceeding is costly and can take considerable time to complete. Initially, the executor nominated in the Will must retain counsel to petition the court to formally appoint himself or herself as the executor. This preliminary process alone can be time-consuming. Call us with any questions at 718-876-6732

Bank accounts that have a designated beneficiary will pass by operation of law to that beneficiary upon the death of the account holder. If there is no beneficiary on an account, and no joint account holder, then the decedent’s will must be probated in order for the account to be accessed. After, the account will pass according to the will, regardless of who the beneficiary was supposed to be. Feel free to call us with other questions 718-876-6732

This normally takes around 30 to 40 minutes depending on your circumstances. After the appointment, we aim to send you a draft of your Will within 7 working days to consider. You'll then check the draft of your Will to make sure you're happy with everything.

A lot of people believe that if they have a will, they do not have to go through probate. Actually, all wills must go through probate. A will allows the testator to direct where his or her assets go upon death. Whereas if someone dies without at will, the state's intestacy laws determine who the beneficiaries of the assets are. If you want to avoid probate, you will want to talk to your attorney about creating a living trust.

Once the court has formally appointed the executor, a certificate called “Letters Testamentary” is issued. Only then, can the executor do anything with the decedent’s real or personal property. The executor will obtain a tax ID number for the Estate and open an account(s). Once the assets are collected, the executor may then pay the bills of the Estate and distribute the assets to the beneficiaries.

The difference is that a living will makes your wishes known via a written statement, but by itself does not appoint a person to act on your behalf and make those decisions. A health care Power of Attorney does this.

A medical or health care power of attorney is a type of advance directive in which you name a person to make decisions for you when you are unable to do so. In some states this directive may also be called a durable power of attorney for health care. Questions? Call us.

"A do-not-resuscitate (DNR) order can also be part of an advance directive. ... They do this with cardiopulmonary resuscitation (CPR). A DNR is a request not to have CPR if your heart stops or if you stop breathing. You can use an advance directive form or tell your doctor that you don't want to be resuscitated.Call me for more info.

Medicaid, a government program will help seniors who need nursing home care with some limitations. In most states, you can make up to 300% of the SSI income limit and still qualify for nursing-home-only Medicaid (300% of the SSI limit, $771, is $2,313 per month in 2019). We assist residents of New York use the medicaid law to help with these types of expenses. Our office number is (718) 878-6732