Death and Taxes

a website by

Richard Bryan Attorney, P.C.

Our new Constitution is now established, everything seems to promise it will be durable; but, in this world nothing is certain except death and taxes

Probate and Administration of Decedent's Estates in New York

New York S-Corps, Partnerships and Limited Liability Companies

You don't need an attorney to probate the last will and testament of a friend or relative. If you can complete your own income tax return, then almost certainly you can figure out how to probate a will without the need of a lawyer, and for free. Free probate forms are available on this website, as well as free information and device to let you fill out the forms yourself. Forms and instructions are available on this website which will help you probate the estate of someone who died without the need to hire a lawyer.

Forming a New York Limited Liability Company, known as an LLC, or an S-Corporation, is not very difficult, and most people can get this done without the need to hire a lawyer. The procedures are forms and helpful guidance are included here at no cost. After an S-Corporation or LLC is formed, there are various other requirements, especially for New York City businesses. All thi can be done for free, or at very low cost, and without the need to hire a lawyer.

Probate and Administration of Decedent's Estates

What is Probate?

When a decedent dies and had a Last Will and Testament, the word ‘probate’ refers to proving to the satisfaction of the court that the Will is valid

What is Administration?

If someone dies without a Last Will and Testament, that is known as ‘intestacy’ or ‘dying intestate’. The process for administration are very similar to probate.

What is an Estate?

Whenever someone dies an estate is created automatically under the law, and has nothing to do with how much money or property a person had when they died.

Do you need a lawyer to probate a Will?

No. There is no law which says you have to hire a lawyer to probate a will.

A word about probate costs:

The word "probate" means "to prove." The goal of probate is to prove that a deceased person's "last will and testament" is actually their "last will and testament," rather than their "second-to-last will and testament," or a recipe for chocolate chip cookies, and that the document was signed and witnessed according to law. Once these items, and some others, are proven to the satisfaction of the judge, the executor will receive "letters testamentary," which gives them the legal authority to follow the terms of the will and settle a decedent's estate.

The probate process is frequently ridiculed as an example of a malfunctioning legal system; an extraordinarily costly and time-consuming process with little relation to the fair and orderly administration of a decedent's estate. And there's no question that in many circumstances those criticisms of probate are justified; no question about it. However in the majority of cases the probate process is reasonably quick and not so costly, and the fear of high probate costs are just not justified.

Business Organizations in New York

What is a Limited Liability Company?

An LLC is a type of business organization. Partnerships and Corporations are other types of business organizations.

What is an S-Corp?

Corporations are business organizations which people can form to own and operate a business.

C-Corporations

Duis aute irure dolor in reprehenderit in voluptate velit esse cillum dolore eu fugiat.

Sole Proprietor

Excepteur sint occaecat cupidatat non proident, sunt in culpa qui officia deserunt mollit.

Anyone may so arrange his affairs that his taxes shall be as low as possible; he is not bound to choose that pattern which will best pay the Treasury; there is not even a patriotic duty to increase one's taxes.

Rollover IRAs

May 23, 2022 No Comments

Most people know that an Individual Retirement Account is a type of savings plan intended specifically for retirement. Most of the time people have an