Dealing with the death of a loved one is never easy. Coupled with the fact that their estate needs to be administered and distributed, the situation becomes even more traumatizing. It then becomes imperative that the family obtains as much assistance as they could get to help in the disbursement of their loved’s estate in such a way that prevents complications and further tensions within the family. This in simple terms is what a probate attorney 10044 offers.
Probate Attorney 10044
The probate attorney 10044 is a legal professional well versed in the probate system of New York and offers professional assistance to residents living in 10044 New York. As the New York probate process is often complicated, when hired, the attorney guides the personal representative of the deceased to properly carry out their probate responsibilities. This they do by preparing all necessary paperwork associated with probate, rendering professional advice, offering legal representation during estate litigation, educating the family about probate, thus preventing or resolving disputes that may arise within the family as a result of asset ownership allocation.
How the probate attorney 10044 will help you
When hired, your probate attorney will be actively involved from the beginning of probate until the estate is declared closed.
1. Initiating probate
As the executor named in the will of the deceased, your first duty is to file a petition to the Surrogate’s Court in the county where the testator domiciled and/or owned estate. If this is NY, then you may need to hire the probate attorney 10044 New York for assistance filing the petition. The petition is a request to the court to grant admission of the will and authorize the executor to administer the estate. Alongside petition, the original will and death certificate of the decedent must be included. Any wrong information in the petition may cause rejection by the court, but your lawyer helps ensure that everything is done properly. If there is no will and you wish to request the court for appointment as the estate administrator, your probate attorney will also see to it.
2. Settling estate debts and taxes
A very sensitive part of probate is in the management of estate funds and clearing up every financial obligation of the deceased. Creditors of the estate would come forward and it is left for you to determine which is legitimate and how they must be settled. Here, the experience and expertise of the probate attorney is vital. If the estate is subject to estate taxes, your attorney will also ensure that the necessary tax return forms are filed on time and accurately to avoid sanctions.
3. Disbursement of the estate
Another critical aspect of probate is the disbursement of the assets to the beneficiaries. The will must be followed to the letter with immense care and professionalism to avoid causing strife amongst the beneficiaries. In the absence of a will, the estate is distributed according to the New York intestate succession laws. However, there are cases where beneficiaries may not get anything from the estate or less than what the will specifies. A typical case scenario is when the estate funds are insufficient. Here, the New York Priority of Claims must be invoked, whereby creditors, taxes and other financial obligations are giving precedence in a fixed order over the beneficiaries. Not all creditors may be settled in such a case, and the experience and competence of the probate attorney is required in making delicate decisions.
4. Preventing family tensions
By educating the family and personal representative of the deceased, the probate attorney prevents unnecessary conflicts and accusations. The family may be ignorant of the duties and suspicious of the actions of the personal representative, but the unbiased legal professional enlightens them and generates transparency and credibility.
5. Estate litigation and will contest
Any interested party who feels cheated out of the will or perceives any foul play whatsoever may contest the will and litigate. As legal representation will be needed, it is important to hire the probate attorney 10044.
Contact us
We are a New York-based firm specialized in estate planning and probate NY. We understand the legal system of NY and it is our objective to make probate as quick and seamless as possible for our clients. So are you looking for a probate attorney near you 10044 for consultation or legal representation? Kindly put a call through to speak with one of our probate attorneys.