The Probate process
Probate is a process of estate settlement in court. It 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. The process could however, by a long rigorous battle and it takes a probate attorney in Kings to guide you through this entire probate process.
Probate follows a legal process where your estate plans or last Will is verified in a probate court, before distribution of your assets and properties according to the will. Depending on some factors — such as the state laws binding your locality — the probate process can be quite complex and demanding.
All the steps involved in probating an estate depend on the probate laws where the decedent lived at the time of death, as well as any other state where the deceased owned properties. Also, the steps required for settling an estate Will differ based on whether the decedent died testate, with an appropriate and valid last Will and testament. If peradventure, the decedent died intestate, without a valid last Will, then, a different approach on probate will be used by the court.
Last will are always faced with probate before they can be implemented. When you pass away, your family is faced with the challenge of managing and sharing your assets among themselves. This is a delicate, emotional and trying time, when they will be faced with a lot of decisions to make. Leaving them without a Will–a valid one–will make things even more difficult for them. Probate in itself is the legal process of determining the validity of a will before its contents are carried out. Not all Wills are valid. A will may be contested. When one or more parties feel that the deceased was forced into signing the will, or that they are being cheated out of their inheritance, such party may issue out a petition of contest of will. Thus, increasing the probate process.
In the absence of a valid Last Will prior to the death of the decedent, such situation is remedied by the State’s intestacy laws. This law varies from state to state, as a Probate attorney Kings will explain, and it involves different complex processes. Albeit, whether the estate is being probated or subjected to intestacy, the Surrogate Court demands provision of detailed information about the next of kin as well as the monetary worth of the assets.
What will probate Attorney Kings Do for you?
For cases in which a decedent created a will or died without leaving a valid Will, the probate attorney will be well versed to handle both situations when probate process shows up. The probate lawyer can also be hired to advise the beneficiaries of an estate on legal matters during probate process. This can become necessary when the beneficiary doesn’t get along or trust the statement of the Will from the personal representative.
Certain situations may present itself when a beneficiary challenges the validity of the decedent’s last Will and testament through a Will contest. The probate attorney kings, also specializes in kinds of special lawsuits that is related to the decedent’s estate to ensure the wishes and desires as stated by the decedent in his will is implemented without disparity.
The probate attorney Kings can act as the personal representative of an estate ad perform the following functions:
- Settling disputes: the attorney will settle any disputes that arises between the personal representative and the estate beneficiary or between the beneficiaries of the estate who feel they have been cheated.
- Handling finances: Payment of estate debts, bills and expenses. This is important as each and every asset must be accounted for, and the monetary worth of the estate established. Out of these assets, bills, taxes and debts will have to be paid before the remnant is distributed to every beneficiary. If the value of the estate doesn’t suffice to be shared according to the will, then the beneficiaries wouldn’t get what the decedent intended them to have.
- Plan estate: Prepare other estate planning documents such as living trust, power of attorney and advance medical directives. With living trust, you can decide who takes over plans of your estate, make financial decisions over your assets both while you are alive or dead as well as when you become mentally incapacitated.
Contact a probate attorney in Kings County today!