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About Elder Law in New York
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Who decides if probate is needed?
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Ever wonder if you need a probate attorney? Probate is considered a process, within court, that estates are settled. This type of process is often lengthy and can be quite the inconvenience to families.

An experienced lawyer can assist you throughout the nuances of what to expect and how to prepare for probate and how to avoid it. However, you may be wondering if you need a lawyer to assist you.

Below, we will discuss some of the times you should have a probate attorney in NYC on your side.

Probate Attorney: The Three C’s

When it comes to probate, you want to hire a probate attorney if you are dealing with any one of or all the three C’s. What are the three C’s? Let’s look.

    1. Conflict

Yes, conflict. While you may not be able to imagine a situation where conflict could arise soon after a death, it does and quite often. A death in the family can cause tension for individuals who may want an item that someone else wants or it may cause an argument when someone believes they are entitled to more.

Unfortunately, probate can tear a family apart and only cause riffs between then, which is more than unfortunate. If you are worried that there may be a conflict, an attorney should be hired to ensure the estate is handled correctly.

    1. Contracts

It is common for contracts to need to be fulfilled in probate at some point in time. In these situations, a lawyer is recommended to fill out the appropriate paperwork.

One of the most common situations that arises is when say two sisters inherit the parent’s home. One of them wants the home and the other does not; however, the sister who does not want the home wants to sell it to her sister. A lawyer would need to create the paperwork to make it happen.

These types of transactions are often complex and need an experienced guiding voice.

    1. Court

If you have the unfortunate luck of having to go into a courtroom to have the estate dispersed, you want to have an attorney on your side. Sometimes, you may be required to go to court when the documents are unclear or when they were not updated or properly filled out.

Changing the will without a lawyer on hand can be lengthy and lead to serious disruption and upset between the parties, so it is better to be safe rather than sorry.

Call Today to Get Help From Our Probate Attorney

At Morgan Legal Group PC, our probate attorney is skilled, experienced, and seasoned in the courtroom. Not only can we help you avoid probate, if you do need to go to probate, we can properly represent you and your loved ones.

Probate is not something that you want to deal with, but sometimes it does happen. Having an experienced team on your side can make the difference.

To schedule a consultation with our team, call our office today at 212-561-4299.

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