HOME EMAIL ME ABOUT ME LAWYERS GENERALLY Specialist v. Generalist Big Firm/Small Firm Billing Costs of a Lawyer DISPUTES / LITIGATION Mediation Arbitration Commercial Litigation Bankruptcy Litigation Estate / Will Contests CORPORATE Executives/Employees Stock Option/Compensation Non-Compete Agreements Purchase/Sale of Business Entrepreneurial Ventures GAY/LESBIAN RIGHTS Buying property together Being in business together Wills & Estate Planning Health Care Proxy Burial Rights Marital Rights Tenant Apt. Succession 'Divorce' & Splitting up ESTATES Probate Estate Litigation Estate Tax law REAL ESTATE WILLS & ESTATE PLANNING Simple Wills Health Care Proxy Testamentary Trusts Inter Vivos Trusts Estate Tax Challenging Wills BANKRUPTCY Creditors Debtors BRIAN M. DELAURENTIS Attorney at Law 36 West 44th Street, Suite 610 | New York, New York 10036 | tel 212.354.6300 fax 212.954.5081 | Brian@DeLaurentisLaw.com Estates Estates & Probates The two certainties of life are death and taxes. Estate representations are about both of these certainties. Unfortunately, many people are uncertain about what happens after a loved one passes away. The process sounds simple ­ determine if there is a will; verify the validity of the will; gather the assets; pay the taxes; and distribute the proceeds to the beneficiaries. However simple the process sounds, probating a will is filled with complexities. Proving that a will is valid, or challenging a will's validity, is a complex task involving the oversight and review of a court. Further, once an estate is opened, a new entity is created and the executor (or administrator) takes on fiduciary duties that a lawyer can assist with providing guidance and counsel about. You may also be required to file tax returns and, on occasion, may have to pay tax on behalf of the deceased. Finally, disputes can arise among the family and/or beneficiaries of a deceased person. In my experience, these disputes can be very emotionally charged and litigious. Of course, whenever there is a dispute and court involvement, you should have legal counsel. I have represented estates throughout the process of preparing the will for probate to final distribution to beneficiaries. In addition, I handle disputes concerning issues from the propriety of the executor's actions to determining who ought to inherit what. Personally, I enjoy estate work. I encourage you to call me with your concerns to see if I can be of assistance to you. Estate / Will Contests I am well experienced in litigation matters concerning wills and estates, disputes typically handled by specialized state courts. In New York, the Surrogates Court is the specialized court handling estate and will (in addition to other) disputes. Surrogates Court has highly specialized rules that differentiated it from other state and federal courts. I have had several cases with hotly contested issues concerning wills, estates, bequests and control of an incapacitated person's finances. I understand that often the adverse parties have known each other for many years and find the entire situation to be very emotionally upsetting. Like any litigation, I seek to advance your interests in an economical manner. In addition, I empathize with my client's situation in what is usually an emotionally trying time. Estate Tax law Taxation of estates is a law that is still in flux. Currently, the amount exempt from tax continues to escalate up to $3.5 million until 2009. In 2010, the law as currently written will have no estate tax due. Thereafter, from 2011 forward, estates with assets greater than $675,000 will be taxed. The reason? Politics, pure and simple. Nevertheless, in representing your interests I have to take the law as it is now without guesswork of what may happen to estate taxation in the future. The essence of estate taxation is control - if you control the asset at the time of your death, your estate will be taxed on it. If you do not control the asset at the time of your death, then you will not be taxed on it. How much control you retain or give up over your assets is a very personal decision based on the circumstances of your life which we will work together to determine.