Just learning that you are the executor of a will or that the estate left by your loved one would have to go through a court process known as probate can take a huge toll on you. You might even be lost as to its meaning and so require help from a legal professional.
What is Probate?
Simply put, probate is a court-supervised process by which the estate of a deceased person is settled and disbursed to the beneficiaries. When there is a will and this will is accepted as valid by the probate court, the executor is then allowed to carry out their roles which include valuating the estate, paying estate tax, expenses and debt left by the decedent, before disbursing the remaining assets to the beneficiaries according to the will. In the absence of a valid will, the court must appoint an estate administrator who must carry out the same duties of an executor. But in this case, the estate is disbursed according to New York intestacy laws. That aside, the duties are never as easy and straightforward as they seem.
Hiring a probate attorney is your best first step
Probate in New York is often highly complex, expensive and time-consuming. It involves so many formalities, paperwork and administration on the part of the executor. All these may take some months or even years depending on the complexity of the estate and whether or not you have legal and professional help.
What does a Probate Attorney do?
A probate attorney is a lawyer specialized in probate laws, one who is insightful and experienced in assisting families and personal representatives in probating an estate. He helps by checking all documents to ensure they are properly filed. As there are so much legal jargon associated with probate, your attorney will always break all these down for you to get a better understanding of what needs to be done. He is also responsible for overseeing the execution of the will.
The probate system varies from place to place, and this is one reason why you should hire a probate attorney near you 10030. When you do so, you assured that the lawyer has experience handling probate in your locale.
Depending on your wishes, your probate attorney when hired can either play an advisory role or take the burden off your shoulders by helping with your duties. There are several reasons why you need to hire a probate attorney.
Top reasons why you need to hire a probate attorney
1. Helps in preventing and resolving family squabbles
It is not uncommon to find family members squabbling over property left by their deceased loved one. This is often because they do not properly understand the will or the probate system. An attorney working with the executor also brings transparency and accountability to the table, thus reducing the chances of suspicious actions and accusations. The probate attorney 10030 will make the whole process plain so everyone knows where they stand, and this reduces unnecessary accusations.
2. Prevents litigation
Disgruntled family members and interested parties may file lawsuits when then notice any suspicious actions during the probate process. A will may be contested by those who feel cheated, family members can sue each other or sue the executor. Any of these will prolong the whole process all the more and put loved ones at each other’s throats. A probate attorney, when involved, will help resolve such issues and bring down the tension before they escalate into court cases.
3. Helps deal with creditors and tax
An important duty of the executor is in settling the estate’s financial obligations.
If the estate is subject to estate tax, this would have to be paid. Creditors, both false and legitimate, may also come forward to be settled. There are a lot of formalities and paperwork involved and when not done right, the estate and the position of the executor can be put in jeopardy. But the probate attorney 10030 helps oversee all these, ensuring tax return forms are filed on time and that only legitimate creditors are settled. Knowing that all loose ends are tied by the presence of a legal professional gives some relief to the grieving family.
Contact a probate attorney near you 10030
At our probate law firm NYC, we understand the grief and sadness that follows the death of a loved one. Coupled with this, probate becomes even more traumatic. And that is why our aim is to get the stress off your shoulders. We do not only play an advisory role, but would work actively with you to execute your duties. Call our office to speak with a probate attorney 10030 New York.
