When a person dies leaving assets held in their name, such assets must be disposed; that is, put into the ownership of other persons or parties. The legal process by which this is overseen is what is termed probate.
Probate in the legal sense is a court-supervised process by which the will of a deceased is validated and executed accordingly. There are many formalities involved with this process and the personal representative of the deceased named in the will has the responsibility of carrying them out. Without legal knowledge, advice and guidance, costly mistakes can be made which lengthen probate all the more, result in tax penalties, cause conflicts and tension within the family, and result to lawsuits being filed. For simple estates, it is unlikely for such issues to occur but for more complex ones, hiring a probate attorney is the best way to ensure that probate goes on as smooth and quick as possible.
Probate Attorney 10075
Probate is done in the Surrogate’s Court in the county domiciled by the deceased, or where they owned estate. As probate laws vary from place to place, it is important to hire a probate attorney in the county where probate is to be carried out. If you have lost a loved one in 10075, New York, or have just recently found out that you are the executor named in the will, kindly contact our Law Office to speak with a probate attorney 10075 for legal assistance.
Top Reasons why you need to hire a probate attorney 10075
Helps avoid rejection by the court
As the executor or potential estate administrator, you must file a petition to the Surrogate’s Court for probate to commence. If the necessary documents — a written petition, original will if available, and death certificate of the deceased — are not properly filed to the court, you just may be rejected by the court. The probate attorney, out of legal expertise and experience, knows the precise procedure at every given stage. If a valid will is absent and you desire to administer the estate, you can file the petition to the court for the position via the probate attorney.
New York Probate involves much paperwork and legal formalities which may appear as jargon to you. For the legal professional, they are mere ABC. It would be frustrating trying to wrap your head around such matters unless you are guided by a professional. The probate attorney will not only guide you, but actively prepare documents on your behalf such as tax return forms, notice to family and estate creditors, handling financial statements and creditor claims, etc.
Preventing conflicts and lawsuits
Family members who do not understand the will or the probate system are likely to get at each other’s throats, especially when such persons have not been on friendly terms in the past. Your lawyer working with you can help ease the tension by enlightening the family. He also puts you in a good spot as his presence speaks transparency and accountability, and you are less likely to be accused of malpractices and financial mismanagement.
Assistance with your roles
One great advantage of having a probate lawyer on your side is they offer guidance on how to carry out your duties, but they do not stop there. A probate attorney will actually help you carry out some of your duties if they prove too much for you to handle. The duties of the personal representative are explained below:
- Initiating probate: The executor begins probate by writing and submitting a petition to the probate court along with the original will and death certificate of the decedent. When the will has been validated and the petition approved, the executor will be authorized to commence probate.
- Valuating the estate: the executor (or estate administrator in the absence of a will) must then collect all the assets held in the name of the deceased and valuate them to know if they will be enough to settle financial obligations and distribute to beneficiaries. Professional appraisal is sometimes necessary.
- Settling financial obligations left by the deceased: funeral expenses, loans, mortgages, estate tax, debts, etc., owed by the deceased will then be paid from the estate funds. This aspect is critical during probate and often requires the probate attorney’s involvement. Probate expenses and attorney fees are also paid from the estate.
- Disbursing the estate: after all financial obligations have been settled, the remaining assets are then disbursed. But there is a caveat. According to NY priority of claims, the beneficiaries/heirs are the last on the chain and may not receive anything if there are insufficient funds.
Get help from a probate attorney near you 10075
As have been seen, there are areas where assistance from a legal professional is expedient. Our probate lawyers at our NY-based law firm treat clients with empathy and ensure that probate concludes as quickly and with as little difficulty as possible. Let us take the burden off you. Call our offices to speak with a probate attorney 10075.