How Long Does Probate Last?
NYC Probate, Estate, and Will Lawyer
by Kamilla Mishiyeva, Esq.
2y ago
How long does probate take in New York City? Clients often ask me “Kamilla, how long does probate take?” This can be a hard question to answer, especially nowadays. Covid 19 has significantly backlogged the courts.  Some Surrogate Court counties are more impacted than others. Even if the file is in tip top shape and fully complete, it can take months for a court clerk to process it. Besides the backlog, which I explain further below, the following are other issues that can delay: Is Anyone Challenging the Will? The big question always is do you expect a will challenge? Is an heir disinher ..read more
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An Executor Stole from an Estate. Now What? 
NYC Probate, Estate, and Will Lawyer
by Kamilla Mishiyeva, Esq.
2y ago
What to do when an executor steals from the estate? The suspicion that an executor may be stealing from an estate is a common grievance from heirs and beneficiaries. The problem lies in the fact that an executor is the only person or entity in control of estate assets. Unless they volunteer information such as bank statements and records, a beneficiary cannot verify the true state of affairs. That is, unless the Surrogate’s Court is made to intervene.  NY Surrogate’s Court does not supervise the estate administration and does not serve as a watchdog over the estate.  To set the recor ..read more
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How to get Letters Testamentary in NY
NYC Probate, Estate, and Will Lawyer
by Kamilla Mishiyeva, Esq.
3y ago
How to get Letters Testamentary in NY The Process in Acquiring The Letters Testamentary in NY You might have received notice from the Office of the New York State Comptroller Unclaimed Funds about an entitlement to money from a deceased family member. Or, you may be trying to access a decedent’s bank account, or sell real estate in the late person’s name.  However, everywhere you turn, you keep hearing that you need Letters Testamentary. Acquiring letters testamentary or letters of administration in NY is not a one-day process. As you learn more about the procedure, it can quickly start ..read more
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Challenging a Will in New York State
NYC Probate, Estate, and Will Lawyer
by Kamilla Mishiyeva, Esq.
3y ago
Challenging a Will in New York State or NYC Challenging a will in New York State or New York City is not a simple task. The right to contest a will is not an inherent power available to just anyone. You cannot contest your neighbor’s will simply because you believe his estate should go to his daughter rather than his teacup Yorkie named Freddie. Similarly, you cannot contest a will because you believe you deserve a bigger share of the estate. Under New York Surrogate’s Court probate laws, only parties that have an interest in the estate may bring a will contest. Keep in mind your will contest ..read more
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5 Ways To Find Out If Someone Has A Will
NYC Probate, Estate, and Will Lawyer
by Kamilla Mishiyeva, Esq.
3y ago
5 Ways To Find Out If Someone Has A Will What Are The Five Ways To Find Out If Someone Left a Will Behind? The search to determine whether someone had a will begins with the death of a loved one. Whether someone had a will plays a major role in how the property of the deceased is to be distributed. There is no single method that is always successful in trying to find a will. Some of the methods that have proved effective include the following: 1. Check with the Deceased’s Lawyer  If you know the name of the attorney the deceased typically used, or used in the specific instance of creatin ..read more
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Should I sign a Waiver and Consent form?
NYC Probate, Estate, and Will Lawyer
by Kamilla Mishiyeva, Esq.
3y ago
Should you sign a Waiver and Consent form? The most frequently asked question in estate practice is whether someone should sign a Waiver of Process Consent to Probate form, or in the alternative, the Waiver of Citation Renunciation and Consent to Appointment of Administrator.  Both these forms are prejudicial, which is why its so important to understand your rights, what the form says, and the consequences of execution, before overnighting your signature. Since both forms are entirely different from one another, the Who, What, Where, When and How is addressed separately for each below. Wa ..read more
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Why Asset Protection Planning is Better in the Bahamas
NYC Probate, Estate, and Will Lawyer
by Kamilla Mishiyeva, Esq.
4y ago
Why Is Asset Protection Planning is Better in the Bahamas? Asset protection is a viable strategy to today’s “court-happy” society. Consider the following example: Mike Bloom is an oncologist with an established practice in New York City.  His medical practice is located in a four-story building in the neighborhood of Chelsea, which he owns. Mike owns his brownstone, and has personal bank accounts and a decent portfolio of stocks and bonds.  His practice is held in a professional limited liability company (Chelsea Oncologists, PLLC), with its own business bank account and separate boo ..read more
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Spendthrift Trusts for Children
NYC Probate, Estate, and Will Lawyer
by Kamilla Mishiyeva, Esq.
4y ago
Spendthrift Trusts for Children : Everything You Need To Know In a straightforward estate plan, parents tend to leave assets to their children outright and in equal shares.  An outright distribution requires a trustee to sell or liquidate assets and transfer the proceeds to the beneficiaries, with no strings attached.  When the trust estate is distributed, the trust terminates and ceases to exist.  Some parents are lucky in that their children can be considered financially responsible adults.  Certain beneficiaries can go far with their inheritance – invest in a business ve ..read more
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Navigating An Estate Plan During The Age of Coronavirus
NYC Probate, Estate, and Will Lawyer
by Kamilla Mishiyeva, Esq.
4y ago
Navigating An Estate Plan During The Age of Coronavirus As the dark cloud of the Covid-19 pandemic is gathering over New York, many still lack proper estate planning tools.  The rapid spread of the coronavirus, among many other things, reveals how unprepared most Americans are with respect to end-of-life planning when a crisis of this sort hits.  New York City is governed by fear.  The distressing fear of the improbable event of losing an elderly parent or leaving young children orphaned.  When Covid-19 is finally contained, the public must understand that this is not going ..read more
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Foreign Trusts – An Advanced Estate Planning Tool
NYC Probate, Estate, and Will Lawyer
by Kamilla Mishiyeva, Esq.
4y ago
Advantages of a Foreign Trust No one chooses to become a judgment debtor. But risks are rising just about everywhere you go today. The privilege of being a landlord for example, is to enjoy a financial return on the home’s rental value, but every so often, a property-owner can lose everything in a stroke of bad luck or a lack of attention to property maintenance, smoke alarms, carbon dioxide, etc. The best solution to this problem is advanced estate planning. What Americans need is access to solid asset protection. In the realm of trusts and estates planning, no method is 100% bullet proof, an ..read more
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