Understanding the process – Why do you need a Probate Attorney near me?
Understanding the process

Understanding the process – Why do you need a Probate Attorney near me?

  • Post published:March 17, 2020
  • Post Category:Probate

The probate attorney near me is
essential for an executor of a family member or close friend that has recently
been deceased with assets or debt to their name. These assets can either be in the
form of property, money or any possessions they owned that hold value. Upon
death, the probate court seizes all the assets to pay off the debt of the
decedent. The remaining assets are then distributed according to the will of
the decedent. The processes of estate administration can be a difficult and
slow experience. The job of the probate attorney is to ensure that the
wishes of decedent are carried out in a timely manner. The probate attorney
will work, with the courts, on your behalf to facilitate the administration of
the estate. The lawyer will make certain the decedent’s requests are honored. To
achieve these requests, the executor will work hand in hand with a probate attorney near me in NYC.

What exactly does a probate attorney near me do?

To begin with, the probate attorney near me  will have a petition filed with the courts to assign the executor of the will. If there is no executor at the time of death, the lawyer will submit and uphold a will contest to designate a personal representative. After an executor is appointed, the attorney must notify any collectors of the decedent, possible beneficiaries, and inheritors of the assets in question. Thorough administrative tasks are handled at this point by the probate lawyer working in conjunction with the executor. The court is then notified on everything that has been done in the wake of the deceased by the executor and attorney on the case. This notice is a petition that is drafted and filed by the probate attorney to allow for the final distribution. Essentially, this a formal request to the court from the lawyer to allow the assets, that are now in the hands of the executor to be passed along, to of assets to all appropriate parties mentioned in the will.

Thinking about handling Administration Proceedings without a Probate Attorney near me?

Above all, the role of the probate attorney near me is to act as an advisor to the executor of the will. He guides them on every task needed to be done to fulfill each request laid out in the will itself and what is necessary to see out these tasks. The probate lawyer documents everything that the personal representative has accomplished in the process of estate planning for the decedent. Some of these tasks include notifying the court, banks, creditors, and any federal organization of the recent passing. Additionally, the executor must account for the newly received assets in the possession, open a new bank account to store it, receive additional funds, and manage ongoing expenses. The amount of accounting involved with the probate is a big reason why executors seek assistance from a licensed probate attorney.

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FAQ

Most frequent questions and answers
If someone dies with a valid will to their name distributing their assets to beneficiaries, this is considered a Probate and the assets get seized by the court until the executor claims it. On the other hand, the courts can be completely avoided if the decedent places all their assets into a trust. The executor can distribute the assets accordingly to the decedent’s wishes and not have to pay court fees that come with Probate.
This is the person chosen and trusted by the decedent to handle all their affairs listed in their will. This can be anyone close to the decedent, not only a family member.
The executor must oversee the entire Probate process and work hand in hand with a probate attorney, if they seek to take this route. They must notify all parties tied to the decedent and mentioned in the will. These parties include but are not limited to the court, banks, creditors, and parties mentioned within the will. All the assets that belong to the decedent are now under the ownership of the executor until final distribution is set in motion. They must pay off any debts, manage any active bills on any property passed along to them, and keep record of all property and assets they acquired upon the death of the decedent.
Yes, first you’ll have to see if you even qualify to be an executor. In most cases, an adult free of any past convictions can act as an executor. On the other hand, you must meet certain requirements which vary from state to state. If you meet these requirements but still do not want to act as the personal representative for the probate proceedings, you could pass the responsibilities onto an alternate executor if mentioned in the will. This is a precaution if ever the initial executor can’t uphold their duties. If there is no alternative, then the court can be designated to fill in as the role of executor.
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