Issues That Need the Services of a Probate Lawyer

The probate process follows laid down court procedures, and being unfamiliar with the law; you might mess up if you decide to represent yourself during probate. Remember that a court case can have far-reaching consequences on your life; it is better to have someone that can handle your issue the right way.

Additionally, since you don’t know the best way to handle the case, you end up taking longer than expected. And the longer you take, the more you pay in terms of fees and other expenses.

Many people believe that they can win an argument by trying to use common sense. What you might think is common sense to you might not merit before the probate judge. All disputes are based upon evidence, and the decision arrived on according to New York law for the case to be won.

Anyone standing before the probate judge without proper legal training is at the mercy of the state. Judges will only decide the case according to the laid down laws and not according to the pleas from him.

Ask any judge whether it is an excellent idea to represent yourself in court, and the answer will always be a resounding “NO.” This is because the chances are that you will lose, even if the case is for you to win.

Updating Your Will

The provisions of a will can change depending on various circumstances. For instance, if the inheritance laws in New York change, you have to update the will so that you keep up with these changes.

You need to include your will on the to-do list every year. The more up to date, the will is, the better the outcome.

As a layman, you might not understand the impact of these laws on your estate plan, the reason why you need to work with a probate lawyer to make sure the changes that you make are valid and hold up in a court of law.
Other reasons to change your will include:

• You purchased a new property recently.
• You got married.
• You separated from your spouse.
• You had another child.
• You fell out with a family member that was listed as a beneficiary.
• A beneficiary decides they don’t want the property anymore.

When these situations crop up, you need to change the will to reflect them.

Contesting a Will

If another party decides to contest a will or you are challenging the validity of a will, you need to enlist the services of a probate lawyer. You might have your reason to contest the will, but the most common include suspected fraud, or the will wasn’t prepared according to the laws of New York.

Disagreements over Joint Inheritance

Conflicts in inheritances are frequent, which means that you might soon find yourself arguing about an estate with your brothers or sisters.
We have witnessed a steady rise in probate conflicts over the past few years. Reason being that every member of the family has a right to inherit property, but it is upon the will-maker to decide on which size.
The disagreement doesn’t end with the distribution of assets; it goes beyond this and can even extend to the sale of assets to pay creditors.
If beneficiaries don’t agree on what to do with the property, then a probate lawyer needs to step in to assist them to settle the dispute amicably.

A Missing Will

When a person dies without a will, or if they had a will that got lost, then the estate is divided according to the state laws. If your loved one had a will and you believe he misplaced it, a probate lawyer helps you explore all the available options and make sure that the judge knows that a will exists.
Property Ownership in More Than one State

If the will-maker had property in another state, then the process of succession becomes more complicated. A probate attorney helps you lodge ancillary probate in the other state successfully.

Probate issues are complicated, and you don’t gain much from a lawyer that doesn’t have experience or that doesn’t give you the kind of representation you want. At Trust and Estates, we pride ourselves in making sure the issue gets resolved the right way. Call us today for proper representation.