The death of a loved one can be extremely stressful, and many people are not prepared for the estate planning issues that may arise. A Probate Attorney can help ensure that your loved ones’ wishes are carried out and the estate is handled properly. However, choosing the right lawyer can be difficult, and there are a lot of factors to consider. The best way to choose a Probate Attorney is to ask questions that can help you evaluate potential candidates. Below are some of the most important questions to ask when selecting an attorney for your case:
What is probate?
Probate is the legal process that gives a personal representative legal authority to administer a deceased individual’s estate. It involves identifying and appraising all assets in the estate, paying any outstanding debts, and distributing any final belongings to beneficiaries as specified in the deceased’s will or state inheritance laws. Probate is also essential in making sure that any tax liens on the estate are filed and paid. In some cases, heirs will be required to go through probate even if the decedent’s will does not include a declaration of trust or community property with right of survivor-ship (commonly known as joint tenancy).
What is the role of a Probate Attorney?
A Probate Attorney can assist with all aspects of estate administration. In addition, they can also handle other estate-related matters such as trust administration and estate planning. They can help clients avoid litigation and pitfalls that can occur in the course of a probate proceeding, and they can assist with challenging claims against an estate. Click here to contact our firm and find the best probate attorney for you.
In addition, a probate attorney can help with contested matters such as will or trust contests, disputes over fiduciary duty, financial abuse of elderly persons, and guardianship litigation. Disputes arising from the administration of an estate or the management of a power of attorney, will, or trust can be complex and emotionally charged. These disputes can be resolved most effectively when an experienced New York probate attorney is involved.
How long does a typical case take?
The length of a typical probate case depends on the size and complexity of the estate. An attorney should be able to give you an estimate of how long the process will take, but it is important to remember that some cases can take years to complete. It is also important to find out how your attorney charges – will they charge a flat fee, a percentage of the estate value, or hourly? This will have a significant impact on how much the case costs. It is a good idea to speak with several attorneys before making a decision. You should ask how much experience they have and how familiar they are with your particular situation. This will give you a better understanding of the cost of hiring them and whether they are a good fit for your needs. It will also be helpful to know if they have handled probate cases similar to yours.