When someone passes away, the distribution of their assets is determined by the state laws and instructions written in their will.
A Probate Lawyer assists the executor, who oversees carrying out the instructions in the will, with tasks such as identifying and assessing estate assets, locating and contacting beneficiaries, and, lastly, transferring their assets.
What is a Probate Lawyer?
A queens probate attorneys is a lawyer who assists individuals in managing wills and distributing assets to beneficiaries. They handle the matters of clients who have passed away. In cases, probate can be circumvented if all the deceased’s possessions have been transferred into a trust. Utilizing a trust can ensure a transfer of property without necessitating court involvement or legal procedures.
The role of probate lawyers can vary based on the instructions outlined in the estate documents. They may serve as advisors, offering guidance and legal expertise to those executing the will and beneficiaries.
Alternatively, they can take a hands-on approach by assisting estate administrators with managing the affairs. The extent of involvement from probate lawyers depends on the requirements and challenges presented by each estate.
How can a Probate Lawyer help you?
The responsibilities of a probate lawyer can cover a range of tasks, which are typically agreed upon with the client beforehand. These tasks usually revolve around settling estates and handling probate procedures.
However, the specific role of a probate lawyer may vary depending on whether the deceased person left behind a will or passed away without one (intestate). In the case of a will, the probate lawyer’s main focus will be to ensure that the assets held within the estate are distributed according to the instructions left by the testator.
Conversely, if the deceased person passes away intestate, it becomes the probate lawyers’ responsibility to assist the executor in navigating through the probate process and distributing assets in accordance with state laws regarding intestacy.
When there is a will
– Identifying the deceased person’s assets.
– The lawyer handling the probate should settle any debts or claims against the estate.
– An inventory of all assets and assessing their values.
– If required, professional appraisals should be arranged for estate or valuable items to determine their worth.
– Ensure that the assets in the estate are distributed according to the instructions left by the person who made the will.
– Assisting the executor in resolving any estate taxes or final income taxes that are owed by both the deceased and the estate.
– Keeping beneficiaries updated about the progress of probate proceedings and addressing any questions or concerns they may have.
– Submitting all legal documents required for probate procedures.
– Providing information on all transactions to both the court and beneficiaries.
– Once all obligations have been met, overseeing the closure of the estate and distributing its assets to its beneficiaries.
When there is no will
When there is no will, a family member or a probate lawyer representing the person’s family should present the death certificate and file a petition in the court.
The court will then appoint an estate administrator who will take charge of managing the person’s estate. The chosen administrator could be a family member or a professional selected by the court.
Once the executor or probate attorney completes all tasks related to probate administration, such as identifying and collecting assets and settling debts taxes, any remaining assets will be distributed among the heirs based on the intestacy laws of that state.
Want to hire a Probate Lawyer?
If you are looking to hire a skilled probate lawyer in New York City, you have to the right place. To book a free consultation or set up a meeting, you can call on the given number.