When someone dies, it is a legal process to deal with their property. The executor is responsible for marshaling assets, paying creditors and heirs, and filing reports.
A probate attorney handles these tasks and ensures compliance with laws. This relieves the executor of a stressful responsibility and allows them to focus on their loved ones during this emotional time. Contact Koestner & Shahon for professional help.
Probate is a complicated and time-consuming process. Attempting to manage it alone can take a huge toll on you and your family. The loss of a loved one is already emotional enough, and managing all the paperwork, deadlines, and other responsibilities related to an estate can add stress and strain. Probate attorneys can reduce the burden on you and your family by handling the legal work and keeping you informed of the progress.
An experienced probate attorney can help you avoid costly mistakes that could cost the estate dearly. The smallest oversight such as overlooking a required filing can lead to extended legacy proceedings and potentially lower the value of the estate. Probate attorneys are familiar with the process, rules, and regulations and can ensure that all requirements are met.
Disputes among family members are common in probate cases and can derail the entire process. A probate attorney can act as a neutral mediator and provide objective advice based on law to help preserve relationships. If necessary, they can represent the estate in court and protect it from claims made by creditors.
A probate lawyer can also help you speed up the process. A lot of delays are caused by miscommunication or poor management by the executor of the estate. An experienced attorney can ensure that all communications are clear and complete and that the executor is acting in accordance with the law.
Inexperienced administrators often make mistakes when marshaling assets, paying heirs, or performing other required tasks. Those mistakes can be financially disastrous and may put you at risk of personal liability. Probate attorneys perform these duties more accurately and efficiently, and they assume responsibility for any errors they make.
Inexperienced administrators sometimes overpay creditors or forget to file crucial documents. An experienced attorney can anticipate issues and proactively address them before they become a problem, saving you both time and money.
Dispute Resolution
Probate is a complicated legal process that includes validating a deceased person’s will, accounting for and distributing assets, and managing debts. However, estate disputes often arise during the process, which can cause significant delays and stress for beneficiaries. To reduce these conflicts, it’s important to consult with an experienced NYC probate attorney who can provide guidance and representation.
Disputes may arise due to a variety of reasons, including:
Beneficiary Disputes: Disagreements about who qualifies as the rightful beneficiary of an estate. This can also include questions about how property is valued and the validity of creditor claims. Disputes may also arise from alleged fiduciary misconduct, such as mismanagement of estate assets or failure to communicate with creditors and beneficiaries.
Spousal Elective Share Disputes: If you’re married, the law gives you special inheritance rights and procedures you must follow to protect them. RMO Lawyers can support spouses in contesting a will or pursuing the necessary legal proceedings to ensure their inheritance is protected.
Probate Errors: A will is a legally binding document, but sometimes mistakes are made in the process of executing it. These errors can include ambiguous language, procedural issues, and inaccurately named beneficiaries. Our attorneys can help you correct these errors, draft codicils to modify a will, or contest the will altogether to preserve your inheritance rights.
Conservatorship Matters: If you’re appointed as a conservator or guardian for an incapacitated person, your duties and responsibilities can be complex. Our lawyers can help you navigate any potential complexities, including disputes with other parties and ensuring the distribution of assets surrounding the incapacitated person.
In addition to litigation services, we also offer mediation for estate dispute resolution. We can refer your case to a certified mediator with extensive experience handling contested wills, contested accountings, contested administration, relief against fiduciaries, and spousal elective share disputes. The mediator will work with you to reach an agreement on the best way to settle your case. In many cases, probate court judges order mediation as a precondition to litigating your claim. This is a good opportunity to get your estate matters settled quickly, efficiently and effectively.
Legal Claims Management
Probate attorneys handle legal issues related to the settlement of a deceased person’s estate. These issues include validating wills, identifying and appraising assets, paying debts, settling taxes, and addressing disputes among beneficiaries. The process is complicated, and it’s essential that the executor of an estate or beneficiaries seek legal representation to ensure that their rights are protected throughout the proceedings.
In addition to assisting with estate administration, probate lawyers can also provide litigation services. In some cases, it’s necessary to bring legal action against a party involved in the estate, such as a creditor, family member or business partner. In other situations, it’s necessary to file an appeal against a decision made by the court during probate proceedings.
An experienced New York estates and probate attorney can help with a variety of legal matters that might arise during the probate process. These may include challenges to a will, breaches of fiduciary duties by the executor, or accusations of undue influence, incapacity or financial elder abuse.
It’s always a good idea to hire a probate attorney for any case that involves a significant amount of property or complex financial or tax issues. A probate lawyer can provide the necessary support to make sure that all legal documents are filed correctly and that the estate complies with all relevant state laws.
Probate attorneys typically charge for their services in one of three ways: hourly rates, flat fees or a percentage of the estate’s value. In most instances, it’s best to ask an attorney how much they typically charge for a specific type of case before hiring them. This way, you can avoid surprises and have a clear understanding of what to expect.
If you are interested in retaining a probate lawyer, contact the caring team at Keystone Law Group. We’re dedicated, discrete and always available to assist you. We can answer your questions and guide you through each step of the probate process. To get started, request a free consultation today. We look forward to hearing from you!
Timely Settlement
When someone dies, it’s always difficult for their loved ones to address all of the legal issues that arise. A lawyer can help them get through the process quickly and efficiently.
They may be able to untangle complicated estate planning documents, such as trusts or wills. They also can help heirs and beneficiaries settle disputes over the estate’s assets. For example, if someone is not named in a will but has a right to inherit according to state law, the attorney can represent them in a claim against the estate.
A probate attorney can also ensure that the executor of an estate meets all legal obligations and responsibilities. This includes locating the deceased’s assets (both probate and non-probate), arranging for their appraisal, filing letters of administration, communicating with beneficiaries, and settling debts and taxes.
Probate attorneys are specially trained to handle complex legal issues. Their expertise allows them to avoid many common errors that can be made by less experienced lawyers, such as mishandling a lawsuit or missing a deadline.
The decision to hire a probate lawyer should be based on a number of factors, including how comfortable you are with them personally and professionally, how complex your estate is, and the complexity of state laws. It’s also important to have a clear understanding of their fees. Will they charge a flat fee, a percentage of the estate value, or hourly?
As the old saying goes, “you can’t take it with you.” But when it comes to death and inheritance, there is still a lot of red tape. If you’re named as an executor of a loved one’s estate, or if your estate is in need of professional guidance, contact the experienced NY probate lawyers at Trust & Will. Our team will help you make the best choices for your situation, providing peace of mind and easing your burden. Call today for a free consultation!