WHAT IS PROBATE?
Probate Attorney
WHAT IS PROBATE?
  • Post category:Law
New York Probate Attorney handles legal process by which assets and estates are settled and distributed among beneficiaries in a process known as the probate process. It involves, first of all, the validation of the Last Will of the decedent (of available) and also presentation of documents by the affected family. When you pass away, your family will be left with the pain and emotional trauma of loss, as well as problems related to issues of estate which you left behind. Probably you may have debts and taxes to be paid, and your estate will also have to be shared and dispersed in a legal manner. All these are aspects of the probate process which can often get very complex and demanding and which makes a New York probate attorney a necessity for you. All these issues involved delicate care and handling, and any wrong decision or step by the executor or beneficiary may even result to loss of right to inherit from the estate property. Writing a will outside the state laws of the state in which you own assets, may even render your will invalid. This, among other reasons, is why you need the service of a NYC Probate Lawyer.

New York Probate Process.

The New York probate process is quite different form that of other states, and this is because the state laws of every state influence the process. If you left a will and named an executor, the executor will be the person to begin the probate. He will do this by writing and signing a formal petition to the Surrogate’s Court in the county where the deceased had lived or owned assets. There are different Surrogate’s Courts in NYC such as Queens Surrogate’s Court, Kings Surrogate’s Court and New York Surrogate’s court. As an executor, there are documents which the NYC laws require you to attach to the petition, and these documents will be revealed and explained to you by the New York ProbateAttorney. The Judge will then examine if the Will meets the requirements of New York laws. If it does, the Judge will issue an order for the probating process to commence and will grant the executor the legal right to administer the estate. It is advised that as an executor, you contact and hire a New York Probate Attorney to help with the estate administration. The probating process is often not a very smooth process. When the Surrogate’s Court admits the Will into probate, it notifies every interested party that may be affected in any way by the dictates of the will. This notification gives these parties the legal opportunity to object to the dictates of the will, and this act is known as a “Will contest”. A contest may be initiated by any displeased or dissatisfied party who feels that the decedent may have been forcefully influenced by another party into signing the will. One may contest a will also on the basis that the deceased was mentally unhealthy to have written such a will, and therefore may not truly represent his or her intentions. These arising issues often associated with the probate process pose a difficult challenge to the executor’s administration, as well as the beneficiaries. The affected parties are therefore advised to seek and contact a New York Probate Lawyer capable of handling these legal matters.

Specific ways in which the NYC Probate Lawyer offers services

The New York Probate Attorney will offer help in:

• Writing of wills according to the NY state laws; • Placing a value on the estate; • Payment of estate debts, bills and expenses; • Distribution of estate assets to the beneficiaries; The NYC Probate Attorney may also act as the estate administrator or executor in the absence of a valid Will. The NYC Probate Attorney will treat you with empathy and help you through these difficult times in the simplest and most painless way possible. Therefore, why not hurry and contact a New York Probate Attorney right away.
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