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people believe that
uh probate is automatic that just
because a will is in place
that you don’t need to actually go
through the process
the other misconceptions are things like
an administration proceeding where there
is no will
and they’re under the misconception that
it would go to
one person rather than a slew of other
people that may also be entitled and
people commonly don’t understand that
there is no getting around probate there
are plenty of tricks that we can do to
band-aid the situation on a temporary
basis but eventually they will have to
deal with it especially if we’re dealing
with real property any sort of real
estate transfers one way or another
there will be an administration or
probate proceeding even if we
do an air law transfer direct to the
people they’ll still have to do a quiet
title if they decide to sell or
refinance
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NY estates planning & probate attorney Russel Morgan, Esq. discusses the top misconceptions about the probate process in New York.