Probate Lawyers in NEW YORK
Probate law is the judicial process that deals with the estate left behind by a deceased person. Probate law also can be used to prove that the last will and testament of a deceased person is, in fact, their proper and true last will and testament. Finally, probate also refers to the distribution of assets and liability of debts of a deceased person.
Even with excellent estate planning, an estate can end up in probate court.
How does an estate go into probate court?
Some state or local laws require estates to go into probate for a certain time period after the death of the person. Check with a probate lawyer in NEW YORK to determine if that is the case for your estate or the estate of a family member.
Other reasons to go to probate include
• No will exists
• Disagreement with other heirs of the estate about the contents of the will
• Identifying all heirs
• Questioning the validity of the existing will
• Payment of any taxes or other debts
In some jurisdictions, all estates go into probate. In other jurisdictions, only estates of a certain value go into probate. But even with the best estate planning, if an heir contests the will, the estate will go into probate. As the living creator of a will and estate plan, there is not much you can do to prevent an heir from contesting the will. But a good estate planning lawyer (*insert a link here*) can help reduce the possibility.
When Do I Need a Probate Lawyer in NEW YORK?
There are three primary reasons to get a probate lawyer in NEW YORK.
Contracts and businesses
If there are legal documents needed to help fulfil the terms of the will, then a probate lawyer in NEW YORK is needed to help navigate through those contracts. An example is when a house is given, jointly, to sibling heirs, but the heirs want to sell the home. A probate lawyer will help ensure that all parties agree about the contract, the purchase price, and the division of assets.
If a business is inherited, it is imperative that the heir hire a probate lawyer in NEW YORK to oversee the transfer of the business from the deceased to the heir.
Anytime there is disagreement among heirs about the content of the will, each heir should hire a probate lawyer in NEW YORK. Probate attorneys can work through the conflict without the emotion felt be the heirs. In cases where you anticipate a conflict, hire a probate lawyer sooner rather than later.
If the estate has a large amount of debt or a large number of creditors, it is a good idea to hire a probate lawyer in NEW YORK to manage the creditors. Many estate executors have been caught by surprise when creditors begin hassling them about debts of the deceased.