4 Key Mistakes Executors Often Make During the Probate Process
Here are some of the basic mistakes commonly made and when to contact a Brooklyn Probate Lawyer.
Mismanaging Claims Held Against the Estate
If you are administering an estate, it’s your responsibility to do so according to the law. One frequent mistake is not understanding the proper priorities for paying claims. There is an order to how claims are to be paid, in other words, who gets paid and what order they get their money. People are often inexperienced with handling this role and often pay out of order. For instance, if your loved one left your Aunt Sally $2,000 it doesn’t mean she can just get it when she wants it. If you pay Aunt Sally before paying the funeral bill or a creditor, you are held personally and possibly financially responsible. A creditor with a claim must be paid first, you can be stuck paying a fee if you pay out of order.
Failing to Identify and Secure Assets Early Enough
As executor or personal representative, you will need to identify all the estate’s assets and secure them early on. It can end up costing the estate money if you don’t do it quick enough. However, if it is deemed an act of negligence, you can also be held responsible financially. Do you know what items are considered an asset? Do you know how to secure them once they’ve been identified? Do you know even if the will specifies who gets what, assets still need to be secured first? If you are not sure about the answers to these questions, it’s time to hire a probate attorney in Brooklyn. It’s necessary if you want to protect yourself from costly mistakes that you’ll have to pay for in the long run.
Waiting Too Long to Hire a Brooklyn Probate Lawyer
An executor is not required to hire a probate attorney in Brooklyn to help them oversee the estate. Most people do this to start with. Choosing legal guidance early on and shortly after the loved one has passed is essential. Getting them involved as early as possible is key to being able to avoid some of the costliest mistakes. They can also help prevent wasted time. When you wait until later when you are completely overwhelmed, they may have to spend a large part of their time correcting mistakes that have already been made. Hiring a Brooklyn probate lawyer early on can help prevent costly mistakes.
Hiring the Wrong Attorney to Handle the Probate Process
There are a lot of attorneys who will take on a client who is an executor of an estate. But it’s important to hire a lawyer in Brooklyn who has a lot of experience with the probate courts and processes.
To be certain you get the legal representation you and your family deserve, ask the right questions.
You may ask some like:
- How many years have you been handling probate cases?
- Can you explain the steps in the probate process to me?
- How do you get your fees?
- Do you take care of the final tax returns for the decedent and their estate?
When you have the right knowledgeable legal representative, the process will go smoothly. Having the right knowledge base and experience are a good place to start. However, the right probate lawyer will also be an effective communicator.
Do they really listen to you? Are they able to answer the questions reasonably and in a way you can understand? Do they give you the right to choose how much you want to be involved in the process?
In order to keep from wasting money and time, you’ll want to choose the right Brooklyn probate lawyer soon after your loved one has passed.
Hire an Experienced, Knowledgeable Probate Lawyer in Brooklyn Today
If you’ve been appointed as an executor of an estate, it can be financially profitable to have a knowledgeable probate attorney help you work through the process. Contact us today and get the right attorney to help you handle your loved one’s estate.