Managing land and other properties after a death of a family member may not be the most difficult aspect of looking after a deceased person's affairs. Before taking possession of an asset or property, whether as an heir or as an executor, one must undergo a legal proceeding at surrogates court, called the probate. This proceeding often requires that extensive formalities are observed. Since multiple parties are potentially required to be notified of ongoing probate, this proceeding may cause one or more of those notified to step up and challenge what the executor or next of kin intends to do to the property of the deceased. Often the legal process occurs at the time when death was a relatively recent event, and the one responsible for taking care of assets of the deceased is still very much in morning. Therefore, to ease the burden on the already grieving and overwhelmed parties, utilizing services of a Probate Lawyer NYC is highly recommended.
What are general probate issues?
Getting a will admitted to probate. This process involves many steps, forms and sometimes fees. A person with a deep personal loss may find the process cold, impersonal and confusing. Since without the process a will is not enforceable, a probate attorney will definitely ease the burden and frustration associated with court appearance.
At times the size of the estate of the deceased, or lifetime activities of the deceased with respect to his/her properties may have created a taxable event situation. At attorney will be able to determine whether a taxable even exists, and if so, whether it is avoidable.
When the decedent's will calls for a complex estate plan implementation, such as setting up and funding trusts, often only a good probate or asset protection lawyer may be able to unequivocally determine the steps that must be taken to implement the estate plan.
If one of the distributees has filed an objection or a lawsuit in response to the submission of a will, a response is required, but responding may be burdensome and perilous, since an inadvertent disclosure or admission of some sort may occur which would be disadvantageous to your position or for the estate overall. Once a possible lawsuit is brewing, it is actually better to retain a good probate attorney to try to avoid litigation, and if that fails, to see to it that your interests are not prejudiced by someone else's poor choices.
Retaining a probate attorney is advisable regardless of whether there is a will, particularly when the land being acquired is in another nation, or for estate having more than 30K in assets, or for estates having irregular circumstances, such as hidden assets, safe deposit boxes, joint ownership with third parties, disenfranchised children, or any kind of sibling acrimony.
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