What is Probate?
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. The process could however, by a long rigorous battle and it takes New York City probate lawyers to help guide you through this entire probate process.
Probate follows a legal process where your 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.
Probating a will is done in a Surrogate’s court such and the proceedings are as stated in the Probate Law of the state. All this is done in the same territory or county where the deceased lived and where the estate(s) is located.
A will is always probated
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. For instance, a Will valid in one state may be invalid in another state, and this is one cogent reason why you need Probate New York City Lawyer.
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 a case where you pass away without a written will, the Surrogate’s court will pass a judgment of estate administration. Estate administration which is backed by laws of intestacy, is done in a case where there is no valid Last Will of the deceased. The estate will then be distributed among the family and relatives according to these intestate laws, and this will see the estate being distributed against the wishes of the beneficiaries. Intestate Laws vary across different states.
Other essential estate document are:
Trust
Trust are essential when planning your estate. Through trust, you can have anyone whom you solely desire manage and make financial decisions over your assets both while you are alive or dead as well as when you become mentally incapacitated.
Advance medical directive
Through an advance medical directive also known as a medical power of attorney, you get to designate a health agent to make medical decisions when you are unable to do so. This same document could be filed in court to should it be someone needs to be your guardian or conservator.
Financial power of attorney
Through this, you can protect your finances and assets through the financial power of attorney. This documents allows you delegate to the person your choice the ability to manage your assets and make important decisions should you become mentally incapable.
The Probate New York City Lawyer will offer help in:
- Writing of wills according to the New York city laws;
- Placing a value on the estate;
- Guide you through the entire process of making your estate plans;
- Payment of estate debts, bills and expenses;
- Distribution of estate assets to the beneficiaries.
The Probate New York City lawyer may also act as the estate administrator or executor in the absence of a valid Will.
The Probate New York city Lawyers helps in several issues related to estate and wills. With empathy, he/she protects the interest of the mourning family all through that trying time and ensure they get what is due to them. He/she helps in settling the creditors of the deceased, evaluating the assets of the estate and distributing it among the family members.
Are you an elderly thinking about what would happen to your estate when you’re gone? Or an executor or beneficiary? Contact Probate New York City Lawyers.