Whether you are looking for guidance with managing the probate process, require reliable representation to contest a will or dispute any other aspect of an estate, having someone with the right probate knowledge can help you achieve quick and efficient results. Albert and Peter Maimone’s deep understanding of the probate law, combined with their experience and skills, enables them to provide outstanding representation to their clients in Queens, New York. They are committed to providing highest quality, focused counsel in a timely manner so you can navigate even the most complex legal issues with confidence.
The death of a loved one is a life-changing event that not only brings emotional stress and financial challenges but also legal responsibilities. Their assets will need to be distributed through the process of probate. In ideal situations, the deceased’s wishes are outlined in their will, which also specifies the beneficiaries. However, in the absence of a will or disputes among heirs regarding the will, probate litigation becomes necessary.
There are three types of lawyers who work with estate law: probate lawyers, estate lawyers, and probate litigation lawyers. Estate lawyers advise living clients to set up wills, trusts, or other estate planning documents before their death, while probate lawyers handle the probate process after an individual passes away, and probate litigation attorneys resolve disputes that arise from the creation or administration of an estate.
Even though both probate lawyers and probate litigation attorneys guide the family of a deceased person regarding the legal aspects following their passing, there is a significant difference in how they do it.
Read on to learn the differences between a probate lawyer and a probate litigation attorney and how each plays a unique role in helping families in Queens navigate the estate settlement process.
What Is Probate?
Probate is the legal process that governs the transfer of assets after someone dies to their family, friends, beneficiaries, or organizations. It ensures that assets are properly distributed and their final affairs are decided.
The court will do the following during probate:
- Validate the deceased’s will if it exists
- Appoint an executor or administrator to manage the estate
- Pay all debts, taxes, and expenses
- Oversee the distribution of remaining assets to heirs or beneficiaries
Probate can be simple, but it can become complex if there is no will, if the will is unclear, or if someone contests the will.
What Does a Probate Lawyer Do?
Probate lawyers are experts in navigating the probate process, ensuring the estate is settled efficiently and in compliance with the law. The specific tasks they perform in this regard vary, depending on the needs of the heirs.
If the deceased person has a will, the probate lawyer files the will with the probate court, prepares and files probate court documents, and advises the personal representative of the will on the legal process for administering the estate.
A probate attorney can help with the following:
- Identifying the property and assets in the estate
- Locating beneficiaries
- Notifying creditors
- Collecting the proceeds from the deceased person’s life insurance policy
- Settling debts and paying bills
- Closing bank accounts and security boxes
- Ordering real property appraisals
- Distributing assets and other personal items such as clothing, furniture, cars, etc.
- Retitling assets
- Closing the estate
They make sure the estate is settled smoothly, legally, and that the estate process runs efficiently. If a person dies without a will, the probate lawyer and courts will follow the state laws about the lawful division of the deceased’s assets.
What Is a Probate Litigation Attorney?
A probate litigation attorney specializes in handling matters in connection with estate disputes. These types of cases go beyond simply administering an estate. They step in when there are contested wills, challenges to executors, disagreements among heirs, or claims by creditors. They help people who disagree with how a will, estate, guardianship, power of attorney, or trust is being managed or believe the will was not properly written, written under duress or influence, or that they were unfairly disinherited.
Probate litigation lawyers assist their clients in the following matters:
- Challenging the validity of a will
- Contesting the interpretation of a will
- Challenging the appointment of a guardian
- Contesting the construction of a trust
- Investigating an executor’s breach of fiduciary duty
- Removal of trustee or executor
Probate litigation is common in families with complicated dynamics, especially those involving second marriages, family businesses, or where sibling rivalry causes issues. In some cases, probate also allows creditors to file claims against a deceased’s estate, which may be necessary to contest.
Regardless of the complexity of a dispute, a probate litigation lawyer has the knowledge and expertise to resolve conflicts that arise during the probate process. They manage court filings, negotiate settlements, and, when negotiation is not possible, gather evidence to build a strong case and present arguments at trial. Their goal is to resolve conflicts effectively while protecting their clients’ legal rights.
Key Differences Between a Probate Lawyer and a Probate Litigation Attorney
The main distinction between a probate lawyer and a probate litigation attorney lies in the nature of their work. A probate lawyer typically handles administrative tasks, such as filing documents and gathering assets, while a probate litigation attorney represents clients in courtroom procedures, discovery, and settlement negotiations.
A probate lawyer oversees procedural aspects of an estate through the legal process of probate to ensure the estate is properly managed and distributed. This is a non-adversarial role that focuses on facilitating a smooth probate process for the parties involved.
On the other hand, a probate litigation attorney’s role is more adversarial. They step in when conflicts arise during the probate process and work to resolve them. They handle legal disputes that cannot be settled through mediation, including contests, fiduciary disputes, and disagreements over asset distribution. They have a deep understanding of what it takes to resolve the conflicts that can arise during a probate process, and if negotiations fail, they know exactly what type of evidence must be collected to build a compelling case and present your arguments effectively in court.
Probate litigation involves specific probate and civil procedure rules that must be followed for a successful outcome, and only an attorney with complete knowledge of the probate litigation process and probate courts in Queens can guide you.
Understanding the difference between a probate administrator or lawyer and a probate litigator or attorney can help you choose the right professional for addressing the legal issues involved in settling an estate.
Albert Maimone & Associates specializes in estate and probate law. Our team of dedicated lawyers and litigation attorneys has been providing reliable legal services in matters related to probate in Queens, New York. We understand how overwhelming estate matters can be and offer the best possible guidance and support every step of the way to ensure favorable outcomes. Our firm works diligently on your case, advises you every step of the way, and advocates aggressively when probate litigation becomes necessary to safeguard your rights.