A New York probate attorney can assist you in drafting a probate and estate administration plan that will; give you peace of mind, your family the security they deserve, and satisfy the requirements of the law. A probate attorney will undertake the exacting tasks of gathering, securing, and distributing your assets while providing you with expert advice and guidance as to the most appropriate solutions for your specific circumstances. This can be accomplished by visiting the attorney's office, in the comfort of your own home, or at another convenient location of your choice. Let's take a look at when and why someone should consult a New York probate attorney.
When Do You Consult a New York Probate Attorney?
There are three major reasons why, or times when a person should retain the services of a New York probate attorney. They are:
- When you are intent on contesting, or challenging a contest to a will, or wish to challenge the competency of the executor.
- If you are an executor who finds it necessary to defend their fiduciary service.
- When you are looking to design an estate plan that covers all of your needs, minimizes taxes, distributes your estate according to your wishes, and preempts any challenges to your will after your death.
Unfortunately estate administration and probate can sometimes be a messy business. Wills are sometimes contested due to some beneficiaries feeling slighted, or not getting what they deserve. Others may not be happy with the choice of executor, and seek to have them and their influence removed from the litigation. Whatever the situation, the services and expertise of a New York probate attorney can help to rectify these unfortunate instances speedily and objectively.
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How a New York Probate Attorney can help with Probate Litigation
The sophisticated financial and legal structure of probate proceedings makes it absolutely essential for most New Yorkers to employ the services of a New York probate attorney. For anyone not versed in accounting manners ort legal proceedings, the probate process can be confusing, if not overwhelming. When a person dies without a will, New York's laws will govern how the estate id divided among the heirs. This may seem straight forwatd, however issues such as; questions of undue influence, concerns over appraisals (regarding the valuation of businesses or real estate, and the validity of the will may arise. In such cases it is critical to have the expertise and guidance of a New York probate attorney at your disposal.
A New York probate attorney can quickly resolve such issues when they arise, and can also help you to avoid the possibility of contentious family matters and complicated probate issues by assisting you in planning your estate so that your will is valid and legally binding. Probate services that a New York probate attorney can provide are:
- Obtain letters of administration if no will is left
- Obtaining testamentary letters if a will is left
- Overseeing the administration of estate assets
- Advisement and payment of estate debts
- Filing all estate and back-tax returns
- Preparation of fiduciary returns
- Engage in probate litigation
- Prepare a final balance sheet of the estate account
- Distribute assets to heirs
- Deal with any claims against your estate
Even if the trustee or executor of a will has died, resulting in probate becoming bogged down, or if beneficiaries can't be found or their identities agreed upon, a New York probate attorney can put things in order, and provide you with the expertise you need and deserve when dealing with probate laws and procedures.