John Hugh O'Donnell, PLLC


John Hugh O'Donnell, PLLC



Probate & Estate Administration
Experience Matters



Serving New York City, Westchester, Rockland, Nassau & Suffolk

Providing Superb Legal Services Since 1994


Call (646) 580-1350

John Hugh O'Donnell, PLLC



Serving clients since 1994



New York City, Westchester, Rockland, Nassau & Suffolk


Call (646) 580-1350

About us



Serving clients since 1994



When you decide that you need an attorney due to the loss of a loved one, it is important to find one who understands your concerns and who is sensitive to your needs. Since 1994 Mr. O'Donnell has been assisting families like yours. Mr. O'Donnell has extensive knowledge of New York estate law and the court system. Please feel free to contact Mr. O'Donnell for a free initial consultation.



Practice Areas



Areas of Concentration



John O'Donnell primarily practices in the areas of probate, estate administration, wills and estate planning, taxation, and family law. These practice areas often overlap so clients benefit from Mr. O'Donnell's diversified experience.



Probate



Probate is the legal process whereby the Last Will & Testament of a deceased person is determined to be valid. Essentially the probate court will ascertain whether the Will was validly prepared and executed. The person initiating the probate proceeding is referred to as the "petitioner."


In addition to asking the probate court to determine that the Will is valid, the petitioner will also ask for the appointment of an "executor" for the estate. The executor, who is generally named in the deceased person's Will, is responsible for handling the affairs of the deceased in accordance with the terms of the Will.


Once the probate court has determined that a Will is valid, it will issue "Letters Testamentary." This document will provide the executor with the legal authority to act for the estate.



Administration



If a New York resident dies without a Will, their heirs may need to bring an "Administration Proceeding" in Surrogate's Court to enable them to distribute the decedent's assets.


An Administration proceeding is similar to a probate proceeding except that there is no Will to be validated. When someone dies leaving assets in their name alone, these assets will be distributed their family members pursuant to New York law. ​



Estate Litigation



If there is a Will contest or some other dispute concerning the collection and distribution of a decedent's assets, this dispute will be brought to Surrogate's Court.


Litigation in Surrogate's Court is similar in some ways to other types of legal disputes, however there are many important differences. It is important to have an attorney who has experience with litigation in Surrogate's Court.



Estate Taxation



ESTATE INCOME TAX

An estate may have an income tax filing requirement for each year that it has $600 or more of gross income or has a beneficiary who is a nonresident alien, from the date of death until the final distribution of the assets to the beneficiaries. The tax is figured on the estate's income in a manner similar to that for individuals. Every estate with an income tax filing requirement must file both Federal and NYS tax returns.


ESTATE TAX

Most estates are no longer required to file estate tax returns because the tax applies only to estates which are worth several million dollars.




I want to thank you for your excellent work over the last 2 years. The real estate lawyers are especially grateful to you for writing that last minute letter and keep saying what a nice person you are. If I can ever recommend you to someone who needs an estate attorney, I will certainly do so.





J.B.




Meet John O'Donnell



John O'Donnell primarily practices in the areas of probate, estate administration, wills and estate planning, taxation, and family law. These practice areas often overlap so clients benefit from Mr. O'Donnell's diversified experience. Mr. O'Donnell likes to tell his clients, "I have been retained to worry about your case so that you will not have to." As your legal representative, he will do everything he can to make your experience with the legal system as free from stress as possible. When a loved one passes away, it can be a very difficult time.


Mr. O'Donnell is compassionate and understanding. In many cases the appointment of an executor or administrator for an estate is simply a matter navigating the complexities of Surrogate's Court. In other instances there may be more difficult issues to be addressed. Mr. O'Donnell has the knowledge and experience to achieve his client's objectives. When confronted with estate litigation, Mr. O'Donnell is successful in negotiating a fair settlement in many cases. But when a settlement cannot be reached, Mr. O'Donnell is fully prepared to defend your rights in court to ensure that there is a fair and efficient resolution. When you realize that you need an attorney due to the loss of a loved one, it is important to find one who understands your concerns and who is sensitive to your needs.


Mr. O'Donnell has been assisting families like yours since 1994. Mr. O'Donnell has extensive knowledge of New York estate law and the court system. Please feel free to contact Mr. O'Donnell for a free initial consultation.


In addition to practicing law for over 20 years, Mr. O'Donnell is also an accountant. He is admitted to practice law in state and federal courts both in New York and New Jersey. Mr. O'Donnell is a former adjunct professor of law with the City University of New York, and a retired police officer--having retired from the New York City Police Department with the rank of captain. Mr. O'Donnell is a member of the New York State Bar Association, the National Society of Accountants and the New York City Police Captain's Endowment Association.




We're here to serve you


Phone number: (646) 580-1350
Email:john@odlaw.net

1180 Avenue of the Americas, 8th Floor, New York, NY 10036



NOTE: This website constitutes "Attorney Advertising." The information provided on this page, or at this website, is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your personal situation. The information provided herein should not be interpreted as establishing an attorney-client relationship.


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John Hugh O'Donnell, PLLC



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