In New York, when a person dies leaving an estate worth $30,000 or more, such an estate must undergo probate in a probate court in New York. Probate is a legal process by which the Last Will and Testament of a decedent is validated to ensure that his or her estate is distributed lawfully. To ensure that your will passes as valid in New York, you may consider hiring a New York estate planning lawyer because probate laws vary across states, and only a New York attorney will be well-versed with these laws. However, probate can be quite lengthy and complicated and may pose the following issues:
1. How do I know if an estate should be probated?
2. Will contests
3. Disagreement between beneficiaries
4. Competence of the executor
5. Estate Taxes and Bills
6. When no valid last will can be found
When a will is found to be invalid or no will can be found at all, then the estate will be administered based on intestacy laws of the state. If you believe your deceased loved one’s will has been lost or stolen, then you should hire a probate lawyer to help you determine the most favorable step to take.
7. Going it all alone
This is the gravest error you can make when it comes to estate planning and probating a will. As an executor or a loved one to the deceased, you may feel competent enough to handle probate alone, but not so. Probate is a complicated and legal process in which you need the legal backing from a certified attorney highly experienced and well-versed in this area of probate. Settling creditors, taxes, disputes amongst family members, handling the funds of the estate, all these require assistance from a professional to lessen the burden on you. Even in writing the will, you do not want to create a will that would cause confusion in your family when you die. To have the smoothest and quickest probate, hire the best estate planning lawyer New York.