Probate is the legal process that occurs when a person dies leaving a Will. The written Will is needed to be probated if the decedent who died has assets that valued $30,000 or more. The Will doesn’t have a legal effect until it is probated by the Surrogate’s Court in the country where the person has died.
This means that the court determines and validates the Will. If the Will is not admitted to probate, it shall hold no legal effect. It is vital that the valid Will must be accurate and should properly execute the wishes of the testator. Going around the process of probating gives the executor the authority to act.
When do you need a Probate Lawyer in New York?
In New York to have a valid Will, it is mandatory to sign it in the presence of at least two witnesses. Also, these witnesses must sign in the presence of each other. The person who makes the Will must be competent enough to do so of their free own will and not doing it under any undue pressure. In case the deceased person did not make a Will before his demise, a Probate Lawyer in New York can help you file a petition in the Surrogate’s Court.
The New York court shall then appoint an administrator to the estate. In most cases, the Probate Court in NY empowers the administrator to supervise the disposition of the assets and shall assign guardians for minors as well as appoint conservators for incapacitated adults.
How can a Probate Lawyer in New York Help You?
Though the probate process can be complicated and extremely stressful, aProbate Lawyer in New York can absolutely soothe the process. If you are appointed as an Estate Fiduciary by the New York Surrogate’s Court, you are burdened with certain responsibilities that may need to fulfil. A Fiduciary is a person who is given authority over an estate following and are in charge of carrying out asset distribution as per the trust or the Will. A probate Lawyer can certainly assist you in dealing with all these responsibilities at ease.
When the action of the fiduciary is objected by the family or sometimes by other beneficiaries, a probate lawyer is hired in such cases. The lawyer shall go through the fiduciary and determine his inappropriate action in the administration of an estate.
The Lawyer can advise the fiduciary and can charge and fine the fiduciary if he is found responsible for any negligence or fraud that might have resulted in financial losses to an estate or trust. Moreover, the New York lawyer is needed during the process of preparing an appropriate and suitable defense strategy.
Furthermore, a Probate Lawyer in New York can help you with determining estate heirs, distribute assets and pay creditors, if your loved ones have passed away without validating or writing a proper Will. It is an added advantage to have a probate lawyer to assist you in estate planning and estate administration.
Rahul Sawant is a Law student who loves to study and explore different laws across different countries. He likes to present his studies in a simplified manner and in a way that is understood by everyone. He spends most of the time researching and practising his field. Through his articles, he brings out all the technicalities and process involved in the law formation and their implementation.