When Do I Need to Hire a New York Probate Attorney?

There are many situations that may arise which require the assistance of a New York Probate Attorney such as a decedent dying intestate without a will, an heir or creditor contesting the will or an accounting, removal of a fiduciary or appointment of an administrator or executor of a will, closing out an estate or other probate estate litigation matters. Since estate matters are complex and most people do not understand them and they are not trained to resolve probate issues on their own, the services of an experienced New York State Probate attorney is usually required. An attorney who is experienced in handling probate matters, is knowledgeable about New York State and federal tax and inheritance laws will be able to assist you with resolving your probate and estate matters in New York Surrogate’s Court in an efficient and quick manner.

Probate Timelines

Whether you are an executor, administrator, beneficiary or creditor of an estate, winding up an estate involves many aspects. A New York Probate Attorney understands the probate timelines and can facilitate the process for you by handling the following aspects of the probate of your estate:

•    Determination of whether there is a will
•    Reading of the will
•    Obtaining the death certificate
•    Filing the probate petition in the Surrogate’s court
•    Obtaining the Letters of Administration
•    Compiling an inventory of the estate assets, list of creditors and obtaining personal and real property appraisals
•    Assisting with the selling of assets, payment to creditors and distribution of assets to beneficiaries
•    Helping resolve disputes amongst heirs or beneficiaries that may arise
•    Winding up and closing of the estate

Since every estate involves different matters and unexpected situations may arise that family members are not prepared to deal with at such a delicate and emotional time of their lives, having an experienced probate attorney handle your estate will be more efficient, less stressful and save you time and money, especially on estates where there are substantial assets involved requiring the sale of real estate in one or more states, stocks, bonds, and other personal property, distributions to charities and beneficiaries, including children from previous marriages and current and ex-spouses.

Contesting of Will

Delays in winding up an estate occur many times when there are disputes among beneficiaries and one or more decide to contest the will. Perhaps a child from a previous marriage or other heir is excluded by the decedent’s will, or there is no will, there is a question about the validity of a codicil to the will or the competency of the decedent at the time he or she made the will, a beneficiary is not happy with the way the executor or administrator is handling the estate process or there is a dispute regarding an accounting. Will contests are quite common, and these are just some of the issues that may arise and require legal assistance to resolve. A New York Probate Attorney understands the complexities of will contests and the emotions and hostilities that may erupt between family members that think they are being treated unjustly or have been excluded from receiving an inheritance. Having legal representation to resolve these disputes gives you and other heirs the peace of mind of making sure everyone is treated fairly and receives their entitled legal inheritance, as well as ensuring that creditors are paid, and there are no legal issues that delay the winding up of the estate.

If you wish to speak to a New York estate attorney, call the Law Offices of Albert Goodwin at (212) 233-1233.