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Probate is a process by which assets and estates are settled and distributed among beneficiaries. It is a process in which a will is proved in a law court to see if they are valid and true enough to be approved and implemented. The process could however, by a long rigorous battle and it takes a New York probate attorney to help guide you through this entire probate process.

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.

New York Probate get you covered

The New York Probate Attorney will offer help in:

  • Writing of wills according to the New York state laws. State laws rules over what can be included in estate plan documents such as will. They regulate the documenting process of will as well as the formalities through which a will can be implemented. It is thus advised that you plan consult with a New York probate attorney.
  • Placing a value on the estate; while planning your estate, it is expected that you evaluate your assets and properties. With the help of New York probate attorney, you can start planning your estate.
  • Payment of estate debts, bills and expenses. This is important as each and every asset must be accounted for, and the monetary worth of the estate established. Out of these assets, bills, taxes and debts will have to be paid before the remnant is distributed to every beneficiary. If the value of the estate doesn’t suffice to be shared according to the will, then the beneficiaries wouldn’t get what the decedent intended them to have
  • Preparation of other estate planning documents like living trust, power of attorney and advance medical directives. With living trust, you can decide who takes over plans of your estate, make financial decisions over your assets both while you are alive or dead as well as when you become mentally incapacitated.
  • 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.

Consequences of not having a will

In situations, where the decedent did not leave a valid will-either none was made or there was a wrong inclusion or error in the will. The decedent property will be passed to the closest relative in an order determined by the state laws. This is called intestate estate.

In the absence of a Last Will, or in a case where the Surrogate Court declares the Will as void, the estate will be distributed among the family members according to the Intestacy Laws of the state where the estate is located. These laws differ across different states, hence the need for hiring a competent New York Probate attorney who is learned in the intestacy laws of New York.

In some cases, the judge would appoint an executor to oversee the probate process and settlement of the estate.

Do not try handling these legal matters all by yourself; you may end up making costly mistakes that would be detrimental to your own interests.

Contact a reliable New York Probate attorney today.

DISCLAIMER: The information provided in this blog is for informational purposes only and should not be considered legal advice. The content of this blog may not reflect the most current legal developments. No attorney-client relationship is formed by reading this blog or contacting Morgan Legal Group PLLP.

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