• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Law Offices of Kobrick and Moccia

Long Island Estate Planning Attorneys

ESTATE, TRUST PLANNING &
ELDER LAW INFORMATION CENTER

Call Now: (800) 295.1917

Attend Our Free Seminars
  • Home
  • Our Firm
    • About Our Firm
    • Client Testimonials
    • Meet Our Team
  • Services
    • Blended Family Planning
    • Elder Law
    • Estate and Gift Tax Figures
    • Estate Planning Services
    • IRA & Retirement Planning
    • Legacy Planning
    • LGBTQ Estate Planning
    • Pet Planning
    • SECURE Act
    • Special Needs Planning
    • Trust Administration
  • Elder Law
    • Coping With Alzheimer’s
    • Guardianship
    • Medicaid Planning
    • Nursing Home Planning
  • Seminars
  • Resources
    • Articles
    • Elder Law Resources
      • Commack Elder Law
      • Elder Law Reports
      • Harrison Elder Law
      • Hauppauge Elder Law
      • Rockville Centre Elder Law
      • White Plains Elder Law
    • Estate Planning Definitions
    • FREE Estate Planning Worksheet
    • FREE Seminars
    • Frequently Asked Questions
      • Elder Law
      • Estate Planning
      • Families Without an Estate Plan
      • Legacy Wealth Planning
      • LGBTQ Estate Planning
      • Medicaid
      • Probate
      • Trust Administration
      • Trust Administration & Probate
      • Wills and Trusts
    • Is My Estate Plan Outdated?
    • Legacy Wealth Planning Consultation Form
    • Medicaid Resources
    • Probate Resources
      • Harrison Probate
      • Hauppauge Probate
      • Long Island Probate
    • Probate Checklist
    • Special Reports
      • Advanced Estate Planning
      • Basic Estate Planning
      • Estate Planning for Niches
      • Trust Administration
    • Top Estate Planning Techniques
  • Communities We Serve
    • Nassau County
      • Garden City
      • Lynbrook
      • Malverne
      • Rockville Centre
    • Suffolk County
      • Commack
      • Dix Hills
      • Hauppauge
      • Nesconset
      • Smithtown
    • Westchester County
      • Harrison
      • Mamaroneck
      • Rye Brook
      • White Plains
  • BLOG
  • Reviews
    • Our Reviews
    • Review Us
  • Contact Us
Home » Probate » Hauppauge Probate Attorneys Discuss Common Mistakes to Avoid When Probating an Estate

Hauppauge Probate Attorneys Discuss Common Mistakes to Avoid When Probating an Estate

March 29, 2018 by Anthony Moccia

Hauppauge probate attorneysDid you recently learn that you were appointed to be the Executor of the estate of a recently deceased loved one? Or did you decide to volunteer to be the Administrator for the estate of a recently departed loved one who died intestate, or without a Last Will and Testament. Either way, you have a very important job to do during a time when you are still grieving the loss of your loved one, thereby increasing the odds of making a mistake. The Hauppauge probate attorneys at Law Offices of Kobrick & Moccia discuss common mistakes to avoid when probating an estate.

Probate Basics for the Beginner

Before discussing common mistakes you might make as the Executor or Administrator of the estate, it helps to have an overall understanding of the probate process itself.  Probate is the legal process required after someone dies. Probate serves several important functions, including:

  • Authenticating the decedent’s Will and litigating any challenges to a Will submitted for probate
  • Identifying, locating, valuing, and eventually distributing estate assets
  • Identifying and locating heirs of the estate
  • Ensuring that taxes owed to the state and/or federal government are paid

As the Executor/Administrator of the estate, your job is to oversee the probate process. Typically, an Executor/Administrator retains the services of an experienced estate planning attorney to assist during probate in order to minimize the likelihood of making a costly mistake.

Common Probate Mistakes

Although every estate, and every probate process, is unique, there are some common mistakes you should try to avoid while probating an estate, including:

  • Going it alone. If you have never before served as an Executor/Administrator it is not wise to try and probate an estate without the assistance of a legal professional. The probate process often requires at least a basic knowledge of legal and financial concepts that the average person does not have.
  • Failing to properly categorize assets. Not all estate assets are required to go through probate. As you identify estate assets, make sure you put them in the appropriate category. Common examples of non-probate assets include:
    • Trust assets
    • Proceeds of a life insurance policy
    • Certain types of jointly help property
    • Funds held in certain types of retirement accounts
  • Forgetting “Date of Death” values. One of the things you will need is a “Date of Death” value for all estate assets. The sooner you get started on these the easier they will be to calculate. You may need to retain the services of professional estate appraiser or real estate appraisers to help you with this task.
  • Not recognizing the estate’s eligibility for a small estate alternative. Most states, including New York, offer an alternative to formal probate for small estates that qualify. In New York, if the decedent’s personal property was valued at less than $30,000, the estate might qualify for the Small Estate Affidavit program.
  • Distributing assets too soon. As the Executor/Administrator, you have the authority to approve creditor claims and pay creditors as well as to distribute assets to intended beneficiaries. Sometimes, however, an estate does not have sufficient assets to pay all claims and honor gifts in a Will. When that is the case, creditors must be prioritized according to law and assets distributed according to that priority. If you fail to follow the law and distribute assets accordingly, you could be held personally liable.
  • Calculating gift and estate assets wrong. Every estate is potentially subject to federal gift and estate taxes. Part of your job is to calculate those taxes and determine if the estate owes Uncle Sam anything. Because the tax can involve lifetime gifts, exemptions, and deductions it is easy to make a mistake.

Contact Hauppauge Probate Attorneys 

For more information, please download our FREE estate planning worksheet. If you have questions or concerns relating to the mistakes often made during the probate process, or about the probate process in New York in general,  contact the probate attorneys at the Law Offices of Kobrick & Moccia by calling 800-295-1917 to schedule your appointment.

  • Author
  • Recent Posts
Anthony Moccia
Anthony Moccia
Anthony Moccia is an attorney and partner at The Law Offices of Kobrick & Moccia.His practice focuses on estate planning and elder law.He is a member of the New York State and Nassau County Bar Associations.He frequently presents free seminars on wills & living trusts to area residents and his seminars are said to be “informative, entertaining & easy to understand.”
Anthony Moccia
Latest posts by Anthony Moccia (see all)
  • Do I Need a “Durable” Power of Attorney? - April 2, 2020
  • Joint Tenancy Pros and Cons - March 31, 2020
  • Planning for the Sandwich Generation - March 26, 2020

Filed Under: Probate

Other Articles You May Find Useful

Hauppauge probate attorneys
What Happens If an Estate Lacks Sufficient Assets to Pay All Claims
Harrison probate attorneys
Who Administers an Estate If There Is No Will?
Harrison probate attorneys
5 Reasons You Need an Attorney to Help You Probate an Estate
probate not necessary in New York
When Is Probate Not Necessary in New York?
Harrison probate lawyers
Probate Steps for the New Executor
Manson estate
Battle Over Control of Manson Estate Narrowed to Two

Primary Sidebar

Law Offices of Kobrick and Moccia

Download our free estate planning worksheet

There's a lot that goes into setting up a comprehensive estate plan, but with our FREE worksheet, you'll be one step closer to getting yourself and your family on the path to a secure and happy future.
  • This field is for validation purposes and should be left unchanged.

Follow Us

  • Facebook
  • LinkedIn
  • RSS
  • Twitter

Blog Subscription

  • This field is for validation purposes and should be left unchanged.

GARDEN CITY

1305 Franklin Avenue Suite 170
Garden City, NY 11530
United States (US)
Phone: (516) 248-9500
Fax: (516) 248-7606

HAUPPAUGE

150 Motor Parkway Suite 401 (Regus)
Hauppauge, NY 11788
United States (US)
Phone: (631) 941-3400
Fax: (516) 248-7606

HARRISON

600 Mamaroneck Avenue, 4th Floor
Harrison, NY 10528
United States (US)
Phone: (914) 701-0777
Fax: (516) 248-7606

MAP

kobrick_sidbr_map

Office Hours

Monday9:00 AM - 5:00 PM
Tuesday9:00 AM - 5:00 PM
Wednesday9:00 AM - 5:00 PM
Thursday9:00 AM - 5:00 PM
Friday9:00 AM - 5:00 PM

Footer

footer-logo
  • Facebook
  • LinkedIn
  • Twitter

The information on this Attorneys & Lawyers / Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. The information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

Kobrick and Moccia, Attorneys at Law. Privacy Policy | Contact Us | Disclaimer | Site Map | Powered by American Academy of Estate Planning Attorneys

Law Offices of Kobrick and Moccia
Attorney Advertisement
© 2022 American Academy of Estate Planning Attorneys, Inc.