Probate

Experienced New York Probate Attorney

While everyone understands the concept of inheritance, few are aware of the legal requirements and complex court proceedings for releasing and distributing assets. So, when a loved one passes, it’s natural to feel confused and a little overwhelmed. Fortunately, the Cormac McEnery Law Firm is available to help. Drawing on more than 35 years of experience, Mr. McEnery manages your probate proceedings or estate administration reliably. He also maintains the highest standards for client service, so he communicates frequently, letting you know where the estate stands at every phase of the process. When you engage our law firm, we work diligently to settle your loved ones’ estate ethically, swiftly and cost-effectively.
Last Will And Testament — Elder Man Signing His Will in City Island, NY

Understanding The Difference Between Probate & Estate Administration

In New York, there are two processes for settling a decedent’s estate. If the decedent left a will, the surrogate court probates the will, meaning that it rules on the will’s validity and approves an executor to settle debts and distribute assets according to the terms of the will. Mr. McEnery often serves as executor for clients whose wills he has prepared.

When a person dies without a will, i.e. intestate, the surrogate court must approve an estate administrator whom the known heirs select. The administrator has several duties to fulfill:
  • Settle creditor claims against the estate
  • Collect any debts owed to the decedent
  • Locate beneficiaries 
  • Settle all federal, state and estate taxes the estate owes
  • Administer guardianships for minor children and dependent adults
  • Execute deed transfers of real estate
  • Mediate disputes among beneficiaries 
When selecting an estate planning attorney to administer your loved ones’ estate, you should consider that person’s experience, reputation for integrity and the ease with which the attorney communicates, giving you the answers you need. 

Overcoming Obstacles To A Timely Estate Settlement

The goal of probate and estate administration is to settle the decedent’s estate while avoiding unnecessary delays and expenses that eat away at the estate’s value. Since no two estates are identical, it’s impossible to say with certainty how long the process might take. Factors that delay settlement include:
  • Lack of organization within the decedent’s estate
  • Litigation with the estate’s creditors and debtors
  • In-fighting among family members
  • Will contests from disappointed heirs
Our firm understands that heirs often depend on assets that are frozen during proceedings, so we work diligently to overcome any impediments to settlement. For thorough, ethical probate and estate administration, contact our law firm.

Experienced Counsel

Mr. McEnery has practiced law for more than 35 years. A noted authority on elder law and estate planning, he teaches Continuing Legal Education (CLE) courses for practicing attorneys.  

Personalized Service

While our firm is amiable and relaxed when interacting with clients, we maintain a high level of professionalism. Phone calls and emails are returned promptly, and clients are copied on all correspondence and kept fully informed throughout the legal process.

Ethical Representation

The responsibility of representing clients, especially when they are elderly or in declining health is something Mr. McEnery takes very seriously. Our firm maintains the highest ethical standards while working earnestly for our clients' best interests.

Knowledgeable and 
Helpful Support Staff

The importance of experienced and dedicated paralegals cannot be overstated. Our practice benefits from friendly, highly professional paralegals who have been with the firm for decades and are heavily invested in our clients and their families.
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