Easy administration and execution of estate plans
NY probate is characterized by its complex and lengthy nature. Depending on the nature and value of the estate been probated, the whole process can take months or even years. However, having a legal professional working with the executor makes things go on much faster and smoother.
Accuracy of estate documents.
As have been said, probate involves a lot of paperwork and filing of documents with the court. Any mistake or missing information on the part of the executor can lead to rejection by the court. However your probate attorney 10007 ensures that all documents are accurately filed. This helps keep the process in constant motion.
Dealing with debts and estate taxes.
Before an estate can be disbursed, estate debts and tax as well as other financial obligations must first be settled. The probate attorney will work with the executor to ensure that tax return forms are filed on time and correctly to avoid penalties, and that the correct amount of debt is paid. Dealing with the creditors of a deceased is not always easy as some may not be legitimate. However an experienced attorney always knows what instruments to employ.
Prevents family tension and lawsuits
During probate, family members can squabble over property because they do not properly understand the will or the probate process, or may even contest the will and litigate because they perceive foul play in the will. Estate litigation can cost an estate significant expenses and time. An attorney working closely with the family can ease all these tension by liaising with and enlightening them. He also ensures transparency on the part of the executor in order to prevent accusations of wrongful financial practices.
How a Will contest can be handled.
A family member may contest the validity of the will and even reject your position as an executor. They may not understand the probate process and so misunderstand your management of the estate. You may even be accused and dragged to court. The occurrence is not uncommon in New York. As such, you would need the backing of a probate attorney. Will contest occurs when dissatisfied parties legally rejects a Will mostly because they feel cheated or left out of the estate’s benefit. Estate litigation may occur among family members who feel cheated. All of these scenarios would require the professional handling of an experienced attorney in order to quickly resolve such issues. His presence, guidance and explicit explanation of the will and probate process will even help them better understand the legal situation and hence prevent all unnecessary accusations and lawsuits.
- Probate attorney are vital to the implementation of estate plan.
- Dying without a valid Will leads to intestacy and your estate would be distributed according to the intestate law of the state.
- Probate duration usually depends on the complexity of the estate documents and its inclusions.
- Your personal representation would ensure that your desired beneficiaries gets your estate.
- Once involved in your estate plan, probate lawyer would ensure that no family feud come up during probate of the estate.
- Estate plans can be made to reflect and implement your mid, short and long term plans. However, you can speak with an estate lawyer to know suitable documents that would reflect these plans.
- The chances of success for implementation of an estate plan increases when you chose the right representative.
- Since estate plans are made in preparation for any uncertain life occurrences, you need the right lawyers to ensure your desires and plans are duly implemented.
- Probate attorney would guide you through any probate process. Also, the estate lawyer can step in a play the role of the executioner of your estate plan.
- While other estate document such as last will may go through probate before it can be implemented, the living trust allows transfer of assets without any probate process.
Contact a probate attorney near you.
A probate attorney is need for a smooth probate process and also implementation of your estate plans. The attorney can also act as an executor or personal representative for your estate. Probate duration of an estate plan largely depends on the complexity of the estate, and also inadequacies in estate document. Either way, an estate attorney would help you from creation of estate plan to its implementation.
Contact a probate attorney near you 10007.