In today’s world you can’t really say something about the authenticity unless you carefully scrutinize it. To ensure a will is genuine, that is, it is entirely void of all imagination, it must undergo the probate process. The probate process is usually conducted in court, and this process is done to ensure the will is true. Often certain people are even compelled to write a will against their wishes; in cases like this, a probate procedure will reveal such an act. Probating can be a long process, though depending on many factors. If you employ a slow, novice probate attorney, the testing process can take longer than anticipated. Probation involves tendering tons of papers. If these documents are unavailable or if they are not written properly, the probate process can take a while.
Below are some reasons why you need to hire a probate attorney:
Settlement of disputes associated with estate.
A certain conflict can occur during the probate process between the personal representative and the estate’s beneficiaries. Such conflicts can result in several litigation and broken relationships, if not properly treated. A probate attorney can help settle these disputes and even assist with land sales. It is a probate attorney’s duty to ask for the court’s go-ahead for some actions as set out in state law. Courthouse approval will help relax the beneficiaries ‘nerves.
If a relative’s sudden death or incapacitation has created your probate and tax issues, particularly when custody of minor children is at risk, our probate attorney will create a trust fund to insure the children’s financial stability or grant you the authority to serve as the guardian of your relative. The probate attorney can prepare Social Security, Medicaid, and Medicare applications to improve your loved one’s standard of care. Our probate law firm drafts:
- Living and irrevocable trusts
- Healthcare and financial powers of attorney
- Medical directives/living wills
- Conservatorships and guardianship.
Trust formation services begin with a thorough understanding of your responsibilities. Your estate is simple or complex, depending on the nature and value of your assets held in trust, tax law, and the number of beneficiaries you designate. New York state fiduciary laws apply to your trust. The probate attorney creates revocable and irrevocable trusts, special needs trusts, supplemental trusts, and pooled income trusts which include:
- Beneficiary deeds
- IRA transfers
- Special needs provisions
Writing and documenting your Wills and Trust.
Our probate attorney can help in writing your wills according to the New York state laws. State laws rules over what can be included in estate plan documents such as will. They regulate the documenting process of will as well as the formalities through which a will can be implemented. It is thus advised that you plan consult with a probate attorney near you today. Further, the probate attorney wouldevaluate your estate. While planning your estate, it is expected that you evaluate your assets and properties. With the help of the probate attorney, you can start planning your estate.
Consequences of not having a will.
In situations, where the decedent did not leave a valid will-either none was made or there was a wrong inclusion or error in the will. The decedent property will be passed to the closest relative in an order determined by the state laws. This is called intestacy. In event of absence of a Last Will, or in a case where the Surrogate Court declares the Will as void, the estate will be distributed among the family members according to the Intestacy Laws of the state where the estate is located. These laws differ across different states. You might not like the idea of your estate being determined through intestacy, hence the need for hiring a competent Probateattorney who is vastly learned in the probate laws and execution of estate in New York.
Contact the Best Probate attorney near you today – 10018.
A probate attorney is pivotal to making well informed decisions that would definitely result into resolving any probate issues as well as making solid estate plans.
Consulting our probate attorney would ensure all appropriate formalities are with proper protocol. With this, you stand at better chances of winning any legal probate matters and achieving your goals of estate plans with adequate execution.
With the wellbeing of you and your loved ones at risk and safety of your assets in question, is preparing estate plans yourself worth the risk? Why not Contact our best probate attorney 10018.