Why You Need a Probate Lawyer in Queens
Probate can be complex and daunting, especially in the diverse and dynamic borough of Queens, New York. Whether dealing with a straightforward estate or navigating the intricacies of Surrogate’s Court, a probate lawyer’s guidance is invaluable. Morgan Legal Group, located in New York City, offers experienced probate legal services tailored to the unique needs of Queens residents.
The Role of a Probate Lawyer in Queens
Probate lawyers play a crucial role in administrating your estate, offering a range of services from filing the will with the Queens Surrogate’s Court to representing your estate during probate proceedings. Discover the comprehensive services provided and how they can ease the probate process for you and your loved ones.
Understanding Probate in Queens, New York
Probate laws in New York can be complex, with specific procedures and rules applied in Queens. Learn about the essential steps in the probate process, common challenges executors face, and how state laws affect estate administration in Queens.
How a Probate Lawyer Can Simplify the Process
A probate lawyer can significantly simplify the probate process, from drafting and filing necessary documents to estate settlement. This section will highlight how legal representation can save time, reduce stress, and ensure compliance with New York State laws.
Choosing the Right Probate Lawyer in Queens
Selecting the right probate lawyer is critical to successfully administrating your estate. This article will provide tips on what to look for, questions to ask, and how to find a lawyer with the right expertise and experience in Queens probate law.
Case Studies: Probate Success Stories in Queens
Real-world examples of how Morgan Legal Group has successfully navigated the probate process for Queens residents can provide insight into the potential complexities and solutions experienced probate lawyers offer.
Conclusion: Your Path to a Seamless Probate Process
Navigating the probate process can be a much smoother experience with the guidance of a skilled probate lawyer in Queens. Morgan Legal Group is dedicated to providing personalized and effective probate services, ensuring your estate is administered according to your wishes with minimal stress for your loved ones.
The death of a person comes with many challenges, such as dealing with the loss, accounting for all the assets owned by the deceased, and disposing of those assets. Dispersal will be done according to the instructions left by the deceased before death, instructions written down in a last will. For the will to take effect, it must first be probated in a law court, and in Queens, the probate lawyer Queens often gets involved in this process.
Why and how probate is conducted?
Probate is conducted in a Surrogate’s court in the territory or locality where the deceased owned assets or resided before passing away. The purpose of carrying out probate is to determine if the written last will of the decedent was actually written in accordance with state laws. If not, then the will becomes void, and the decedent’s wishes will hold no water. In Queens, a will be valid only if it meets with the estate laws of New York, such as being signed by a person of sound mind without duress from an external party and in the presence of at least two witnesses. Suppose the will has been approved as valid. In that case, the executor of the estate, named in the will by the deceased, can go ahead and execute the will’s instructions and perform other fiduciary responsibilities to which he is legally bound as an estate executor.
When a person dies leaving property valuing less than $30,000, the will will not be probated in a law court, instead, a small estate administration is conducted. Also, should a person die without a will or in a case where the will is invalid, probate must also be done so long the estate is worth $30,000 or more. In such scenarios, the estate is declared “intestate”; that is, the distribution of the estate will be done according to the state’s intestate laws (in this case, Queens, NY).
Normally, the executor named in a will is the person to initiate probate by filing a petition to the Surrogate’s Court along with the will, the estimated value of the estate, the death certificate of the deceased, as well as information about the potential beneficiaries of the estate. But in the absence of a valid will — i.e., intestacy — the court will be responsible for appointing an estate administrator or executor. The so-appointed person must observe and oblige to all fiduciary duties he owes to the estate and the beneficiaries. The estate administrator or executor can also be called a fiduciary.
The responsibilities of a fiduciary are heavy yet quite specific. When appointed as a fiduciary, you are expected to perform the following duties:
- Making a list of all the assets owned by the decedent, the manner and place in which they are owned;
- Getting professional appraisals of personal and real property, as well as estimating the value of each;
- Opening an estate checking account;
- Determine if there are creditors of the estate, taxes, and bills to be paid;
- Settling the above expenses and debts after validating the claims of the creditors;
- Keeping a record of each transaction;
- Having the decedent’s estate income tax return, final income tax return, and Federal and State estate tax returns prepared and filed;
- Distribute the remaining estate funds to the beneficiaries after all expenses have been paid.
How will the probate lawyer Queens assist you?
As a fiduciary of an estate, you have seen the bulk of duties you are expected to perform while mourning the loss of your loved one. Some estates are so complicated due to how properties are owned, and you may fall into errors while evaluating the estate.
Even at that, the beneficiaries may feel dissatisfied with how you carry out your duties and may lay accusations against you. Disgruntled parties can also contest wills. In summary, you find yourself caught up in a web of warring family members, creditors, penalties resulting from late estate tax payments, and so on. To ease all these issues or prevent them altogether, you should speak with the probate lawyer Queens before embarking on your duties as an estate administrator. He is well-versed and specialized in probate law matters and will guide you in carrying out your duties to avoid errors or delays.
Hurry now and contact the probate lawyer, Queens.