Top reasons why you need to hire a New York probate attorney
On getting to know that you have been appointed as the will executor by a deceased person, you may be unfamiliar with your responsibilities and the whole probate process. Firstly, it is worthy of note that so long there is a Last Will, this Will has to pass through a court system known as probate before instructions of the Will can be carried out. You as the executor have to take the Will to court, after which you will carry out some certain functions before distributing assets to the beneficiaries as the Will specifies. In a number of cases, you can do all that without any professional assistance. But in some instances, you would need a probate attorney in New York, 10014. In complex estates requiring more complex probate, a probate attorney can walk you through the complicated processes and prevent you from making mistakes. In fact, it is always in your best interest to have a legal professional working with you.
What the New York probate attorney 10014 does
The responsibility of distributing estate wealth to beneficiaries rests on the executor but the probate attorney can assist with this. The executor is responsible for carrying out the intents of the will, settling estate debts and taxes, which all come with loads of paperwork. This is why a probate lawyer is beneficial to the executor.
The probate attorney is highly skilled in handling such paperwork as they are backed by a lot of legalities and formalities. When the executor gets lost or confused with anything, the probate lawyer explains the whole affair and direct the executor on what needs to be done and prevents him from doing anything that breaches the law. The attorney helps the executor get out of tricky situations that may put him in an uncertain spot either financially or legally. Such tough situations do not only affect the executor; the family will also suffer undesirable stress and trauma due to the complexity and complications of probate. The New York probate lawyer can help break down legal terms to the understanding of the family and executor, walk them through the process and avoid costly mistakes.
An important point to note is that attorney fees do not come from the executor’s purse but the estate’s. So if you are an executor and your problem with hiring an executor is because of cost, then you now know there’s nothing to worry about.
Reasons why the executor needs to hire a probate attorney in NY 10014
1. Prevents undue strain in the family
A probate attorney working by your side can bring in their expertise in resolving conflicts within the family. Surviving family members often fight over who gets what asset, and such things can lead to tension and strain in the family. The members of the family can even accuse you of mismanagement and irresponsible actions but having an attorney working with you minimizes such occurrences.
2. The estate can be closed more quickly
It’s typical for estates in New York to go through lengthy probate processes. It is at the end of it all that beneficiaries can receive their inheritance, and this can take up to a year or more. But having expert hands working with you speeds up the whole process.
3. Ensures that all documents are filed correctly
Improper preparation, filing and submission of important documents to the court might lead to rejection of such documents by the court. This eventually will slow down probate since you would have to go over them all over again. But when you have the skilled hands of the probate attorney preparing these documents for you, the whole process will go on smoothly.
4. Deal appropriately with creditors
One important duty of the executor is to pay debts and taxes owed by the estate. After appraising the estate, you are to issue out a public notice so that all creditors of the estate can come forward with their claims. The truth is it is not a simple matter dealing with creditors. Some may be liars. It is better you allow your attorney deal directly with them so that you don’t end up losing money to thieves.
5. Prevents unnecessary court cases
When family members disagree with anything during probate, it can lead to lawsuits. The likelihood of this is heightened when they have only very little education about the probate process. Lawsuits are expensive, and they may end up digging into money that should have gone to beneficiaries. The New York probate attorney will educate the family about every aspect of probate, and also resolve amicably any disagreement or misunderstanding amongst them. This reduces the chances that lawsuits will be filed.
Having a probate attorney by your side puts you and the family at ease all through probate. You have the assurance that probate is in qualified hands. To have this kind of peace of mind, contact the probate attorney 10014, NY.