Legal assistance is not mandatory for a probate process, but it might be in your interest to hire a probate attorney because the probate process can get complicated. It is always good to know what the probate process might include, as it eases the fear of the procedure. Probate is mostly paperwork, but things can get tangled up if family members fight over the estate.
The Probate Process
The state laws decide whether or not an estate will go through the probate process. Some states have simple procedures for transferring property if the estate’s value is under a certain amount or the estate doesn’t have sufficient money. The probate process starts once the person passes away and also varies based on whether the deceased left with or without a will. In both cases, the probate court remains in charge and supervises how the estate will be distributed.
Things You Need to Consider Before Hiring an Attorney
Hiring an attorney depends on the case’s particulars and the things included in the probate estate. Therefore, it is important to consider these things before choosing the best option.
- Whether or not the assets are enough to pay any remaining debt?
- Is there a disagreement among the named beneficiaries?
- Is the estate large or small?
- Can you distribute the estate without involving the probate court?
- Are there any complex tax issues included?
- Does the estate involve real property like a house?
If you find yourself in any of these situations, you are recommended to seek legal help. You can choose a one-time consultation or a complete representation from a probate attorney.
How Can a Probate Attorney Help You?
The probate attorney will provide legal guidance throughout the probate process regarding estate management. The role played by the lawyer will vary based on whether the deceased had a will or not before their death. The attorney can help you with the below-mentioned things:
- Paying the remaining debts.
- Transfer of assets to beneficiaries
- Gathering profits from insurance policies
- Preparing and filing the required legal documents for the court
- Solving tax issues such as federal estate tax, income tax, and estate tax return issues
If you want to speak to an expert probate attorney nyc, Ledwidge & Associates, P.C can provide the most suitable solution for your probate issues. We have some of the best Queens Estate lawyer to help you with long-term estate planning. Contact us to hire our expert legal services.
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