A probate attorney is a licensed lawyer who helps an executor or beneficiary of a deceased person’s estate during the process of closing and settling their estate. They can help with many different tasks, including finding and inventorying assets, paying off creditors and taxes, distributing assets to heirs and beneficiaries, and more. Most lawyers will charge an hourly rate or a percentage of the estate’s value. It is important to find a lawyer who is well versed in probate law, and understands your state’s specific laws.
Most people have some sort of estate when they die. This may include a house, bank accounts, investments, personal belongings and even life insurance proceeds. It’s important to have a plan in place for how this property will be passed on when you die, so your loved ones are not left with the stress and uncertainty of dealing with an unknown estate.
Probate is the legal process by which a person’s Last Will and Testament is validated by Surrogate’s Court upon death. It can be a lengthy and complicated process, and there are often many issues that arise during the course of probate that can have serious consequences for everyone involved. It’s usually best to have a experienced New York City probate attorney help you navigate the process.
An experienced probate attorney can ensure that your loved one’s wishes are carried out as they intended, and that all of their assets are properly distributed. They can also help you avoid unnecessary delays, costly errors and other legal complications that may arise during the course of the proceedings. They can also advise you on how to best handle disputes between heirs and other parties.
During the probate process, it is common for family members and perfect strangers to come out of the woodwork and claim their inheritance. This can be extremely stressful and time consuming, but a good probate lawyer can help to protect the rights of true beneficiaries and ensure that the estate is closed properly.
If your loved one did not leave a will, a probate lawyer can help you understand what they can inherit based on New York state law. This is important because it can vary significantly from what they would have wished to receive.
It’s crucial to remember that your loved ones’ estate will have tax obligations that need to be paid. A good probate lawyer will be able to help you determine the exact amount that you owe and make sure it’s paid prior to distributing any assets.
In addition, your loved ones may have some overdue debts that need to be settled, or you might owe taxes on any inheritance you’re receiving. A good probate attorney will be able to help you settle these matters quickly and efficiently so that you can move on with your life. They can also provide you with advice on other types of estate planning, such as a Living Trust, to help protect your family’s future.
