Probate attorney would assist you through probate.
Probate attorney is a lawyer specialized in probate matters. Probate is a process in which a will is proved in a law court to see if they are valid and true enough to be approved and implemented. In probating, the Will must first be confirmed, real and true will. So many things can make a will as invalid, like signing your will outside the rules of laws that bind estate planning in New York. The Probate attorney has extensive knowledge of state laws surrounding will writing and signing. Therefore, to prevent costly errors that will adversely impact your family while you’re gone, you need to hire a Probate attorney to help you manage your estate and escape probation.
Evaluation of assets listed in the Will
One of the first things the executor of the Will must do before starting the probating process is calculating the monetary value of the assets left by the deceased. The executor must ensure that any asset is well accounted for and should be identified. Part of these funds will be used to resolve the deceased’s unpaid debts (if any) and to pay for funeral expenses. Often, an accountant can be employed to provide accounting services in respect of the monetary value of the assets. He will also be paying out of the purse of the house. If the net value of the estate is not adequate, then the beneficiaries will certainly not get the exact sum of property stipulated by the Will. This investigative method of assessing the estate and paying the debts is not as simple as it seems. The Probate attorney will help prevent you from taking any wrong move.
Settlement of all deceased creditors
The executor may also be faced with claims against the estate. Imagine the deceased dying and leaving a multi-million dollar estate. Lots of people from the public may come out of nowhere and claim to be creditors of the deceased, all for the purpose of reaping where they did not sow. knowing a real creditor from a thief would require thorough investigation and presentation of legal documents. You as an executor cannot oversee this on your own. You need the expertise of the Probate Lawyer.
Distribution of assets among beneficiaries
The probate lawyer would help distribute assets to named beneficiaries. The executor may not get along well with the beneficiary or beneficiaries. During the probating process in the law court, he might seek to prove how qualified the beneficiary is to benefit from the asset. In addition, a will can be “contested” by the beneficiaries. To resolve all these issues, you’ll need to hire a Probate Lawyer.
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 intestate estate.
In the 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, hence the need for hiring a competent Probateattorney who is learned in the intestacy laws of New York.
Make estate plans and avoid probate
Staying clear of the troubles of probate can only be achieved with the appropriate and timely estate plan. Your family’s financial and probate needs are unique and can only be established through estate planning documents. Estate planning is a process of making many important decisions and plans over your future and that of your loved ones.
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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 10029.