5 Reasons You Need to Hire a New York Probate Lawyer
What is it that a probate lawyer in New York does?
Before starting to look for a New York probate lawyer, it’s best to familiarize yourself with the types of tasks they will be performing. Probate is a legal process. During the course of the process, courts first consider the will. They will be checking its validity. Also, they will check to make sure it is accurate before proceeding. Even though this sounds like a super simple deal, it can become quite complicated. Once the court has determined the will as an accurate and valid legal document, the rest of the probating process can get started.
A New York probate attorney assists in the disbursement of the items as stated in the will. But usually there is an executor who is appointed in the will or by the courts. This person is responsible for overseeing the will’s execution. That’s why a lawyer is needed. If the executor misunderstands something in the law, or does something out of order, they can get themselves into a sticky situation both legally and financially. Not only is it difficult for them, but the family can suffer undue stress trying to navigate through a legal system that is like a foreign language to them.
A New York probate lawyer is beneficial during this time as they can interpret the intent of the will, explain legal jargon to you, and help you work through the process without costly mistakes. Their pay doesn’t even come out of your pocket. Most of the time, they get their legal fees directly from the estate.
7 Reasons You Want the Help of a Probate Attorney in NY
1. Prevent Stress and Strain Within the Family.
Hiring a New York probate lawyer can reduce or even eliminate conflicts within the family. Members often squabble amongst themselves when they do not understand the probating process. Having an attorney at the helm, minimizes accusations of mishandling the estate.
2. Assessment of the Estate Goes a Lot Faster.
It’s no secret that the probate process can take a very long time. Most families finish the entire process in just a few months, but it can take as long as twelve or longer. When a New York probate lawyer assists with it, then the process typically moves along much faster. Although it will move through the court system faster, remember it’s not a fast process at all. The larger the estate, the longer it will take since it takes time to assess all the assets.
3. Helps Prevent Rejection by the Courts.
During the probating process there are several documents filed with the court. If they are missing any information or inaccurate in any way, the court will reject them. This action by the courts, of course, makes the process take longer to reach completion. Having a New York probate lawyer fill in and file the documents with the court will keep the process moving forward.
4. Proper Handling of Debts.
One of the first things that will have to be done during the probating process is taking care of the estate’s financial obligations. This occurs even before the will is taken care of. An attorney can oversee this process to ensure everything is taken care of properly and in a timely fashion. They can also help with things like presenting a death certificate to creditors to show that the account holder isn’t living any longer. Having a probate attorney in NY help with this part frees up the family and helps prevent mistakes on taxes or other financial information.
5. Prevents Lawsuits.
If any person, specifically family members, disagree with anything that happens during the probating process, they can take legal action. Not only can a lawsuit cost the estate a lot more money, but it’s stressful and time-consuming. When family is suing family, it also adds an extra layer of stress. It’s often emotionally charged. Having a legal representative like an attorney handle the process, reduces the chances there will be a lawsuit filed.
Do you need a probate attorney?
Please contact us today if your loved one recently died, and you want legal assistance managing the estate. Having a New York probate lawyer on your side can help the whole process go more smoothly. Let us provide you the legal help you need.