At our probate law firm 10012 NYC, New York, our objective is to see that the estate planning goals of New Yorkers are protected. We help individuals create effective estate plans that represent their best wishes, but we do not stop there. We also help to actualize these wishes. Our probate attorneys are highly skilled in creating a proper estate plan that gives no room for complications during probate. We listen to our clients to know all about their family, beneficiaries and goals, and so come up with a bespoke estate plan that satisfies everyone. During probate, we can also act as your executor or work with your executor to ensure a smooth flow of probate, one that’s short and hitch free. You can simply contact use by telephone.
The executor
An important quality of an executor is responsibility and sensibility. When creating your estate plan, it is important you name a person who you believe to be highly responsible and trustworthy. Choosing your spouse or any other family member as your executor is not advisable since they likely would be deeply affected by your loss and so would not be able to act sensibly during probate. They may also act with bias if they have emotional attachment to your family. However, you can still find a relative who you trust to carry out your wishes and administer your estate when you die. If you do not, then consider hiring a probate attorney to execute your will.
The Probate Attorney as your executor
When you name a probate attorney as your executor, you can rest assured that you are leaving everything in competent and professional hands. After your death, your probate lawyer will:
- File a petition to the probate court in your county to initiate probate;
- Notify all your family members and beneficiaries of the commencement of probate;
- Inventory your estate and appraise every asset;
- Deal with creditors;
- File and prepare tax return forms;
- Settle expenses, taxes and debts;
- Settle disputes (if any) amongst family members over your estate;
- Distribute your assets to your beneficiaries;
- Close the estate.
One major reason for appointing a probate lawyer to act as an executor is because of that singular professional touch and levelheadedness. Probate involves a lot of legal paperwork and documentation, all of which your lawyer is well accustomed to.
Attorney commission will be paid from your estate account.
Working with an executor
Our probate attorneys at our probate law firm NY are highly proficient in working with executors. We offer clarity in gray and delicate areas, areas which are uncharted territory to the executor.
You can hire a probate attorney simply for consultancy
As have been said, a vast majority of probate involves more of paperwork. If you have been named as an executor, you may be able to handle the major aspect of probate yourself as some of these paperwork are basically fill-in-the-blanks. Nevertheless, there are actions which demand your discretion and sensibility. In such cases, it would be better to consult your probate lawyer for professional advice on what to do. For example, a broke beneficiary can demand you give them their share of the estate before distribution is due. You do not want to go ahead with that until you know the legal implications. Here, you would have to consult your attorney. Howbeit, you would be doing most of the job yourself and this can help you save cost if you are paying your attorney by the hour.
Leaving probate to the probate attorney
In more complex estates, there would typically be more technical paperwork, potential estate litigation and disputes in the family, as well as issues with creditors and estate taxes. Here, you as an executor may be faced with challenges that are way out of your league. To be on the safer side, it may be better to not only consult, but involve the probate attorney directly. Probate attorneys are efficient in determining legitimate creditors, preparing tax return forms, resolving disputes, Will contests and estate litigation cases.
You can put the bulk of probate in your attorney’s hands but that doesn’t mean you won’t carry out some duties yourself. The success of probate can be determined by how well you work together with your attorney. Your attorney can handle the more complex aspects of probate, while you handle the less complex ones. It is often necessary to write an agreement with your attorney to know what your duties are.
We are here to help
Our probate law firm NY boasts of the best probate attorneys in NY, and we are just a phone call away. Whether you are planning hiring for consultancy or full legal representation, we would offer you the best assistance to ensure the speedy success of your probate in 10012 NY. Contact us.