What Happens if an Estate Goes Into Probate?

Khalifeh & Strupinsky, PC • March 31, 2025

Probate is an essential legal process that occurs after someone passes away, ensuring the proper distribution of their assets in accordance with their wishes or state laws. In New York and New Jersey, like elsewhere, understanding the probate process is vital for anyone involved in estate planning or the aftermath of a loved one's death. Khalifeh & Strupinsky, P.C., with years of experience in the legal industry, aims to demystify what happens if an estate goes into probate.

Probate Process: A Brief Overview

Probate begins with validating the deceased's will, if available, and appointing an executor who oversees the distribution of assets, payment of debts, and completion of any outstanding legal matters. If the deceased doesn't have a will, state laws determine how the assets are distributed. This process ensures that beneficiaries receive their inheritance according to the decedent's wishes or the law.

The Importance of Wills and Trusts

A well-structured will or trust can significantly influence whether an estate goes through probate. In the absence of a will, or if assets are not appropriately titled, probate becomes a necessary step. Trusts, specifically living trusts, are often used to avoid probate because assets can be directly transferred to beneficiaries without the need for court intervention. However, certain conditions can trigger probate, such as the failure to transfer all intended assets into the trust.

Tax Implications in the Probate Process

Tax considerations play a crucial role in the probate process. The estate may be subject to various taxes, including estate taxes and inheritance taxes, depending on its size and the state's laws. In New York and New Jersey, executors must navigate these tax obligations, ensuring that the estate complies with federal and state tax laws, a task that can be complex and requires professional guidance.

Navigating Probate Without a Will

Dying without a will (intestate) subjects an estate to probate under the state's intestacy laws. The court appoints an executor to distribute assets according to these laws, often leading to outcomes that might not reflect the decedent's wishes. This process underscores the importance of having a will or estate plan in place to avoid unintended consequences.

The Role of Executors and Probate Courts

Executors play a pivotal role in managing the estate through probate. From filing petitions with the probate court to distributing assets and paying taxes, their responsibilities are extensive. In New York and New Jersey, the probate court's oversight ensures the estate is settled fairly, protecting the rights of beneficiaries and creditors.

Avoiding Probate: Is It Possible?

While not always necessary, avoiding probate can simplify the distribution of assets and minimize costs and delays. Techniques include creating living trusts, joint ownership with rights of survivorship, and naming beneficiaries on accounts and insurance policies. However, these strategies should be employed with legal advice to ensure they align with your estate planning goals.

How Khalifeh & Strupinsky, P.C. Can Help

Navigating probate or planning to avoid it can be a challenging process that requires careful legal guidance. Khalifeh & Strupinsky, P.C., with expertise in New York and New Jersey estate law, is equipped to assist you through every step of the probate process or in proactive estate planning to bypass probate altogether.

Ready for Expert Guidance?

If you're facing probate issues or wish to establish an estate plan that minimizes the likelihood of probate, Khalifeh & Strupinsky, P.C. is here to help. With a detailed understanding of New York and New Jersey's unique legal landscapes, our team can provide the expertise you need. Don't navigate these complex waters alone. Contact us today at 917-717-5007 or fill out our online form to learn how we can assist you in ensuring your estate is managed and distributed according to your wishes.

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Are Communications with AI Privileged?: Judge Rakoff delivers opinion in United States v. Heppner

By Kayla Gaisi • March 10, 2026

As generative AI becomes increasingly integrated into our daily lives, it continues to raise legal questions that courts can no longer ignore. This month, the question of whether communications between criminal defendants and public AI are protected from government inspection was answered by Judge Jed Rakoff. That answer was an unequivocal 'no.' In the case at hand, defendant Bradely Heppner was charged with fraud and arrested a month later, in November 2025. When the FBI executed a search warrant at his home, they seized documents containing communications between him and the public AI platform Claude AI. According to Heppner's counsel, these communications reflected a defense strategy Heppner had generated in anticipation of potential indictment. Heppner asserted that these documents were either protected under attorney-client privilege or by the work product doctrine, arguing that he had used Claude for the purpose of obtaining legal advice and had shared these outputs with his attorneys. However, Judge Rakoff rejected both arguments. Attorney-client privilege applies only to communications between a client and a professional who owes them fiduciary duties and is subject to discipline. It is a socially valuable human relationship. Regardless of how advanced an AI systems is, it cannot meet this definition. Claude is not a human attorney and does not have an attorney-client relationship with its users, so communications with it cannot qualify for attorney-client privilege. Aside from this, Rakoff listed other reasons why Heppner's communications with Claude are not considered confidential. Firstly, Claude is a public AI system whose privacy policy discloses that communications can be shared with third parties including "governmental regulatory authorities." Secondly, as his counsel admitted, Heppner sought legal advice from Claude on his own volition, not at their direction. Even if Heppner received legal advice and later shared that with his counsel, that does not render the initially unprivileged communication privileged. The related work product doctrine fared no better for Heppner. This doctrine protects materials prepared by attorneys in anticipation of litigation from discovery by opposing parties. Here, the AI-generated documents were not prepared by or at the behest of counsel and did not reflect counsel's strategy. Thus, they fell outside the scope of the doctrine. Judge Rakoff's ruling matters because it maintains the narrowness of evidentiary privileges that is necessary for protecting the judicial system's truth-seeking function. Extending privilege to communications with public AI systems could create a dangerous loophoole, one where parties could shield discoverable information by filtering it through a chatbot. But given Rakoff's ruling, the main takeaway here is that attorneys should explicitly advise their clients not to share personal or legal information with public AI systems. Despite how routine it has now become for many to ask public AI personal questions, these communications are not confidential, and may ultimately be used as evidence in court.