A probate lawyer is a state-licensed attorney who works with executors and beneficiaries of an estate to resolve the decedent's affairs. In some cases, probate can be avoided if all of the decedent's assets have been placed in a trust. A trust can ensure a smooth transfer of ownership outside of judicial and legal proceedings. With or without a will, the services of a probate lawyer are indispensable in the distribution of the estate.
State-licensed lawyers work with probate executors and beneficiaries to liquidate the estate. They are critical to managing estate finances, overseeing probate legalization, achieving tax compliance and disbursing assets to beneficiaries. Remember that we define “probate” as the process in which a will is analyzed to determine its validity, as well as the management of a deceased person's will or real estate. A probate lawyer participates in the administration of a will to ensure a smooth transfer of estate ownership to the rightful beneficiaries.
All beneficiary designations are included in the will. Since most probate matters require legal representation, an estate lawyer will always work in conjunction with executors. It is important to know how long the entire process can take. Your lawyer can always give you an estimate of this, as long as everything goes according to plan.
Knowing the length of the case is equally important if the probate lawyer will charge an hourly fee for your service. The process for a will to be admitted to probate is not always simple. When a petition to admit a will is filed, the Surrogacy Court notifies interested parties. This allows interested parties to oppose the legalization of successions and possibly initiate a challenge.
There are several bases for a will contest. A family member may feel that the deceased was unduly influenced or forced by another beneficiary to sign the will. Or someone may feel that the testator was mentally incapacitated at the time he signed the will. A will challenge may also be based on allegations that the formalities of execution did not occur.
A will bankruptcy has the potential to delay succession and be costly to the estate. To ensure that your interests are protected during the process, contact a trained New York probate lawyer. Do relatives get along? Will contests are rare, but if a family member is making noise about suing for estate, talk to an attorney right away. Probate lawsuits separate families and can drain a lot of money from the inheritance in the process.
A Lawyer Can Help You Avoid a Court Battle. The probate lawyer can assist the executor of the deceased's will, as well as the beneficiaries of the will, through the probate process. On the other hand, if the decedent had a well-established trust, a probate lawyer may not be necessary. Finding a probate lawyer who is familiar with a judge's preferences can make the process much easier.
But even if there is only one trust involved (and not a will, therefore, there is no will), an estate lawyer could help the trust administer the trust. Property litigants are probate lawyers who specialize in individual lawsuits with respect to the deceased's estate. Probate lawyers are indispensable throughout the probate process, even if they are not legally required. If the deceased person had a will, a probate lawyer helps advise the parties involved, including executors of wills and beneficiaries, on different legal issues.
If the property is owned in multiple states, your probate lawyer will deal with other attorneys who handle ancillary estates. If the deceased person had a valid and signed will before they died, an estate attorney may be hired to guide the administrator through the steps of the probate process according to the terms of the will. You should be aware that lawyers who bill their services by the hour often do so in 15-minute increments; therefore, every phone call made by your probate lawyer may result in a charge to the estate. The range of a probate attorney's fees will vary, as they may charge hourly or a flat rate, and in some states, fees may be determined by the size of the estate.
An attorney may be able to take on probate cases, but could more regularly practice a completely different area of law. Probate is the process by which the probate court grants the estate representative the authority to legally represent the estate and act on its behalf. . .