Mr. Goodwin is everything you want in an attorney: professional, honest, thorough, and genuinely caring. He always explains things clearly, so I understood exactly what was happening and what to expect next. His attention to detail and persistence really stood out. Looking back, I feel lucky to have found him. He guided me through the whole process expertly, and I deeply appreciate all his hard work. Would definitely recommend him to anyone needing legal help.
With so many complex tasks involved in managing an estate, you may be wondering – do I need a lawyer to become executor of an estate?
The short answer is: no, but it’s highly recommended. Serving as an executor without proper legal guidance can expose you to liability if mistakes are made.
Here are some key examples of when an executor needs to hire a lawyer:
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Filing the Petition for Probate
To appoint an executor, a petition for probate must be filed with the Surrogate’s Court. This legal document requests the court to validate the will as authentic and to issue letters testamentary granting executor powers. While hiring a lawyer to file this petition is not required, it is highly recommended. A lawyer will properly prepare and submit all necessary paperwork, minimizing mistakes that could delay the probate process. Legal expertise ensures fast, efficient appointment of the executor with minimal risk of procedural errors.
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Will Contests
A probate litigation lawyer understands all possible grounds for disputing a will and can use this knowledge to build the strongest defense.
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Discovery and Turnover Proceedings
When decedent’s property is with third parties, a lawyer can legally recover it for the estate. We can file a petition to examine anyone with knowledge of the asset’s location. Using this information, we can file the necessary petition to request the turnover of such assets to the estate.
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Sale of Real Estate
If property like a house or land needs to be sold to settle the estate, a real estate attorney can help navigate the process.
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Conflicts of Interest
If the executor is also a beneficiary, an independent attorney can ensure impartial handling of the estate.
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Accounting
To close the estate, a lawyer can prepare the estate accounting that is submitted to the beneficiaries for their receipt and release.
Although a probate attorney is not usually necessary, hiring one to assist you with executor duties is highly recommended to minimize costly mistakes.
If you need legal representation, we at the Law Offices of Albert Goodwin are here for you. We are located in Midtown Manhattan in New York City. You can call us at 212-233-1233 or send us an email at [email protected].
About the Author
Albert Goodwin Esq. is a licenced New York attorney with over 17 years of courtroom experience. His extensive knowledge and expertise make him well-qualified to write authoritative articles on a wide range of legal topics. He can be reached at 212-233-1233 or [email protected].
