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The attorneys at Agarunov Law Firm are experienced in all areas of estate administration. From estate planning to asset distribution to probate litigation, we understand each situation is unique and are committed to giving you the specialized attention you deserve. We are uncompromising when it comes to protecting the rights of our clients.

Probate is the process of transferring property and assets from a deceased person to his or her heirs. The death of a loved one is an emotional and difficult time that sometimes results in a dispute among those left behind.

Agarunov attorneys represent any individual who may be involved in such a dispute, including heirs, family members who feel they should have been included in a will and fiduciaries such as executors, guardians or trustees. We aggressively but professionally seek a swift resolution for our clients.

Reasons for litigation may include:

• A family member believes he or she was unjustly left out of a loved one’s will.
• Abuse of power of attorney. A power of attorney grants a person the authority to act on behalf of another individual. When this trust is violated, litigation may be the only recourse.
• Fiduciary misconduct. Examples of fiduciary misconduct include negligence in managing an estate, fraudulent acts such as hiding or falsifying financial documents, and failure to carry out the wishes of the decedent.

Types of probate litigation include:

• Contesting a will. The validity of a will or trust, the mental capacity of the deceased and whether undue influence was exerted upon the deceased are all compelling reasons why a will or a trust might be contested.
• Trust actions, including contesting a trust and trust reformation. The reasons for contesting a trust are similar to those for contesting a will. If a trust does not meet the criteria for favorable tax treatment, the trust can often be reformed so that it does qualify.

Advance planning

Thinking about what will happen after you die is not easy, but advance planning can be one of the most important gifts you give your loved ones. Our staff will help you make sure your assets are protected and that your estate is handled as you wish.

Our knowledgeable attorneys will help you navigate the ins and outs of estate planning. We can:

• Show you how to create an estate plan that fits your needs.
• Guide you through the statutory requirements that make a will valid.
• Help you choose an executor of your estate.

Protecting your assets is an important part of estate planning. We can:

• Help you determine the best way to avoid probate, whether it is through joint property ownership, death beneficiaries, a revocable living trust or gifts.
• Help you avoid probate and estate taxes, the gift tax and generation-skipping tax.
• Guide you in creating a plan so your family business can be left to your heirs.

Long-term health care is also an important part of planning for the future. At Agarunov we can:

• Help you plan for incapacity.
• Assist you in creating a living will.
• Explain the difference between a regular power of attorney and health care power of attorney.

We can also assist you in updating your will and estate plan due to financial changes or family status changes such as births and deaths, marriage and divorce, and children reaching adulthood.

Our attorneys stay abreast of the latest legislative changes affecting estate planning in the states of New York and New Jersey. If you have just moved to the area, Agarunov Law Firm can help you make sure your documents are in accordance with state laws.

If you have additional questions or require assistance as it relates to a will, trust or an estate please call our office at (212) 920-5989 or email contact@agarunovlaw.com.