If you are new to the probate process in New York, you have many questions you need answers to. Today, we look at the sample questions regarding legal issues that clients ask time and again and give you solutions to help you handle probate cases that come up in the future.
If you need answers concerning specific aspects of the case, then you need to turn to a probate lawyer with experience dealing with probate laws in the state.
How Long Does This Process Take?
The duration of the probate process in New York depends wholly on the composition of the estate and if any dispute has come up. Our lawyer provides you with a streamlined process to help you reduce the duration.
If you need numbers, then think about seven months to 24 months from when you admit the will to the probate court.
How Much Do You Pay?
The cost rests on the size of the estate and any complexities that come with it. There are various costs that are associated with probate, but working with our lawyer enables you to streamline the process and reduce the expenses.
Is a Lawyer Essential to the Process?
Well, it isn’t a legal responsibility to get a lawyer during probate. Still, if the estate is vast and complicated, then you will face a host of legal issues, and you need the services of an attorney.
The lawyer plays different roles for different people involved in the process. As a beneficiary, the lawyer helps you obtain a reasonable portion of the estate as required by law.
As an estate administrator, the lawyer works together with you to help avoid problems.
What if there is No Will?
With or without a will, the property needs to be allocated as per the wishes of the deceased. In the event the will-maker passes away minus a will, the New York laws for intestate succession take over.
Can I Remove My Administrator?
Just because your parents trusted someone to be the administrator doesn’t mean that he is the best to handle the estate. If you feel that someone isn’t fulfilling their fiduciary duties, the law allows you to file a petition to have them replaced with someone else that can handle the task the best way.
Additionally, if you only wish to adjust the way they handle the process, you can appeal for accountability by the administrator. This prompts him to give a full account of the activities he has done, including transactions that involve the estate.
How Do I handle A Child Born after the Probate Period?
In NYC, a parent doesn’t have an obligation to give the child a part of the estate. As a parent, you can choose to disinherit a child under the law.
Though, a child born after the will has been drafted has a right to get part of the estate as per state laws. Here, the judge presumes that the will was made without putting into consideration the unborn child, meaning the child was accidentally left out of the will.
What happens if I die Intestate or Without an Heir?
When you pass on minus a will or a family, your assets go to the state of New York, a process termed “escheat.”
However, this rarely happens because most families have at list a relative, and the law is designed to make sure the estate at list passes on to someone that you are related to.
For instance, your estate will go to your nieces, great-nieces, or grandparents if any.
What is a Trust?
This is an arrangement that allows a trustee to control the property on behalf of the heir. In contrast to a will or last testament, the trust is a private arrangement that doesn’t get exposed to the public akin to a will.
Coming up with a trust needs the guidance of an estate planning lawyer who understands the process in addition to the ramifications. You can come up with a revocable or an irrevocable living trust. Talk to your attorney to understand which one to choose for your needs.
Once you have all the information you need, the procedure of handling a probate case in court becomes easy. However, work hand in hand with a knowledgeable probate lawyer in New York to make sure things go smoother and faster for you.