Probate is the legal process for validating a will in court. The probate process of New York is often complex and can drag on for months which may even run into years, before the estate is inherited by the beneficiaries or heirs. Probate is done in a Surrogate’s court in the county of the deceased after their death. To begin probate, certain documents are required to be filed to the Surrogate’s Court. These include a formal petition, the last Will, witness affidavits, and a public notice of all concerned parties. Right from this beginning, hiring a probate attorney near you (10037) can mean the difference between a smooth probate and a traumatic one. Contact the probate attorney 10037 for the best probate experience.
The New York probate laws
Two primary sources of law oversee the New York probate. They are:
- Estates, Powers and Trusts Law (EPTL)
- Surrogate’s Court Procedure Act (SCPA).
These laws alongside Judge’s decisions and jurisdiction are the foundation on which probating a New York will is built. Either of these cases provides differing procedures for the New York probate process. But regardless of whether there is a will (normal probate) or not (intestate proceedings), the Probate court demands the provision of all relevant information of the deceased, his estate, and name and address of next of kin.
Seldom does it get so easy tracking down next of kin and acquiring complete information about them. In several cases, the only surviving relatives of a deceased may be the distant relatives and cousins, and even the locations of these persons may prove very difficult to obtain. Their connections and relationships with the deceased can also be hard to prove. Imagine a situation where descendants and relatives are scattered all over the country and beyond, and then all of a sudden they come claiming to be relatives of the deceased. Issues like this are resolved in a court process known as a Kinship Hearing. This process requires that self-acclaimed kin provide proof of the relationship between the kin and the deceased. Such proofs must include birth, marriage certificates, etc.
Estate litigation and Will contest
Disgruntled parties may issue out an Estate Litigation such as a “Will Contest.” A will contest is the legal process of objecting to a will when a person is of the opinion that there is foul play with the will. A court proceeding will be carried out to determine if their claims are legitimate. A great number of probate processes do not involve Estate Litigation but when it happens, in-depth involvement from a probate lawyer will be required by the concerned parties. The probate attorney 10037 is efficient in handling Will Contests and all forms of estate litigation, and will ensure that the clients’ rights are enforced.
In a will contest, SCPA section 1404 allows the disgruntled party to examine tall necessary documents affiliated with the preparation of the Last Will, taking the testimony of the attorney who created the will, and as well the testimonies of the witnesses who signed the will. This examination may be done before the formal objection is filed.
Spending estate funds
As an executor, before carrying out your duties of paying estate bills and debts, you need to professionally appraise the estate. The probate attorney is specialized also in estate appraisal. He will as well guide you in spending estate funds to ensure that there is no mismanagement on your part.
Contact the probate attorney
As have been seen, there are many things which can be experienced during a New York probate. Personal representatives can be accused of squandering estate funds in the guise of paying estate expenses and taxes. The accusations can be true or false, and a timely intervention of the probate attorney can help prevent an escalation. Escalations leading to court cases between personal representatives and the deceased’s family members can tremendously increase the duration and cost of probate. The probate attorney listens to all concerned parties and with his skill and experience dealing with past clients, will come up with an appropriate solution that satisfies everyone. The probate attorney avoids unnecessary costs and confusion that may result in the future. Contact the probate attorney 10037 today.