If you have lost a loved one in your family and have found out that you have been named as their executor, you may be a bit tensed and anxious. This is probably because you have never acted as one, and you know next to nothing about executing a will and estate. The truth is, that person trusted you to represent them when they die. They trusted you to carry out their wishes contained in the will to the best of your capacity, and you do not want to let them down. While probating a will can be very complicated in New York, you can handle it with supervision from the court if it is a small estate and there are no challenges from family members. But if there are challenges and areas that you are not clear with, it is in your best interest to have an experienced probate attorney by your side.
The probate attorney
A probate attorney is an experienced probate lawyer practicing in New York, and will help you go through all the complicated aspects of the New York probate. If you expect or are experiencing problems with probate, it is advisable you hire the probate attorney as he will help interpret the will, explain legal terms in plain language, and walk you through the whole process to avoid costly mistakes. If you are asking, “how do I get in touch with a probate attorney near me 10011?” you don’t have to worry because he is just a phone call away. Put a call through to him today. You don’t have to worry about attorney fees; it comes from the estate purse. If you do not hire an attorney now, you may end up making costly mistakes that will make you spend more money in the future.
Areas where the probate attorney will be of help
Estate litigation and will contest
There are often complications that may arise before a will gets admitted into probate. On filing the petition to the Surrogate’s Court, the personal representative would have to notify the public that probate has begun. This gives the opportunity for all interested parties to come forward to object to probate, object the appointment of the personal representative, or object the validity of the will. A party may believe the testator to have been unduly influenced into signing the will by a mischievous party. Or they may feel that the executor appointed is not worthy, or the testator was not of a sound mind when signing the will. Such party can issue a will contest, and this can complicate probate greatly. Probate attorneys can avoid or ease up these tensions. To ensure that your wishes are carried out after your death in the simplest and smoothest way possible, do well to contact the probate attorney 10011.
Appraising the estate
After receiving a go-ahead by the court, the personal representative then has to account for all the assets in the estate. The value of all assets must be appraised, and this is important to determine if the total value will suffice to pay bills, taxes and creditors, while leaving a sufficient amount to be distributed among your beneficiaries just as you desire.
After paying all debts and bills, the final responsibility is to give to each of your beneficiary the part of your estate you have cut out for them in your will, whether funds, personal belongings or real estate.
- In the absence of a will
When you die without a will or trust, it means your last wishes are unknown. The court then has to decide for you who will get a share in your estate. This situation is known as intestacy. The intestacy laws of New York are rigid, and name your surviving spouse and kids as your only surviving heirs. This means that if you had desired for charity, a friend or other loved one to inherit from you, your wishes will become irrelevant. Since you do not want that, it is important you lay down your wishes before death.
So are you looking for a probate attorney near you (10011 New York) for legal representation during probate? Contact the New York probate attorney 10011 today.