Probate lawyers ensure that your will is carried out exactly as intended, most efficiently and effectively. Hiring one can help you navigate complex legal requirements, prepare paperwork, minimize potential disputes, and distribute assets smoothly. Albert Maimone & Associates provides expert guidance for clients in Queens and throughout New York. Our dedicated attorneys understand how challenging the process can be. They support executors and beneficiaries every step of the way to manage the estate in the best possible way.
Probate is a common legal procedure that involves validating a will and ensuring your assets are distributed according to your wishes or, if no will exists, in accordance with New York State law applicable in Queens. This process also includes identifying and valuing the estate’s assets, paying outstanding taxes or debts, and transferring ownership to the rightful beneficiaries.
Probate is often complex and time-consuming, but having an experienced probate lawyer makes this process smoother and manageable for you and your family. For families in Queens, probate lawyers ensure all legal requirements are met and help families avoid unnecessary stress or disputes.
Read on to learn more about probate lawyers, what they can do for you, and how hiring one could be the right decision for protecting your family and your peace of mind.
What Is a Probate Lawyer?
A probate lawyer is a licensed attorney responsible for handling all legal aspects of probate, including applying for a grant of probate. They may represent the estate itself, a beneficiary, or the executor through the process, guiding them through each step of settling the estate in Queens or elsewhere in New York.
Depending on the client’s need and the complexity of the estate, a probate lawyer may serve only as an advisor or take a more active role in administration. They can assist with preparing and filing of the probate application and other essential court documents, overseeing asset valuation, and managing the distribution of inheritances, ensuring proper division of assets.
They always act in their client’s best interest and ensure that the estate is distributed according to the will or, if there is no will, as per the requirements of the state laws governing probate in Queens, New York.
Hiring a probate lawyer is a good option when the estate is complex, there are disputes among beneficiaries, or to avoid legal mistakes that could result in personal liability for the executor.
Probate Lawyer vs. Estate Planning Attorney
Although the roles of a probate lawyer and an estate planning attorney are closely related, there is a major difference in when and how they assist clients. An estate planning attorney works with clients during their lifetime to plan the management and distribution of their assets. They draft wills, create trusts, and ensure each client’s wishes are clearly documented and legally protected.
On the other hand, a probate lawyer assists families in Queens after a loved one has passed away. They guide executors and family through the legal process of administering the estate, settling debts, and distributing assets according to the deceased person’s will or state law.
While both play essential roles, they serve clients at different stages of the estate process. The estate planning attorney helps you create a plan to protect your family and legacy, and the probate lawyer ensures the plan is executed correctly. Your decision to use a probate lawyer or any other professional will depend on the specific needs of the estate.
Understanding the difference between the two can help you choose the right professional for your needs. In some cases, the same attorney or firm can handle both estate planning and probate matters. It can make things easy, as the lawyer who created the estate plan is already familiar with your wishes, assets, and family dynamics and can handle things efficiently.
What Does a Probate Lawyer Do?
can do it in several different ways, depending on the complexity of the estate and the specific needs of the family in Queens or surrounding areas.
A probate lawyer can assist with the following:
- Identify and create an inventory of the estate assets
- Manage the estate’s finances
- Collect life insurance policies
- Oversee property appraisals
- Preparing and filing official court documents
- Paying any outstanding debts
- Paying any estate and income taxes
- Offering legal advice
- Locating the deceased’s will
- Transferring assets to the designated beneficiaries
A probate lawyer ensures the estate settlement process is smooth, efficient, and legally compliant, while minimizing potential issues for the family.
When Do You Really Need a Probate Lawyer?
While it is not legally required to hire a probate lawyer, or you may not always need one, having a knowledgeable and experienced professional by your side can save time, reduce stress, and prevent disputes, especially when navigating Queens probate court procedures.
Ask yourself the following questions to determine if you need a probate lawyer:
- Is it possible to distribute the estate without probate?
- Have you settled an estate before?
- Do all family members get along with each other?
- Is the probate process in your state relatively simple?
- Does the estate have only common assets?
- Does the estate have sufficient funds to pay off debts?
If the answer to some or all of these questions is NO, hiring a probate lawyer may be the best option to handle your loved one’s estate.
Top Reasons for Hiring a Probate Lawyer
The top reasons for hiring a probate lawyer include:
- Legal expertise – Their specialization in the area of law that deals with the distribution of a deceased person’s assets makes them experts on legal requirements and procedures. They skillfully guide executors through the entire process and ensure everything is done efficiently and accurately.
- Reducing stress for the family – Handling estate matters after a loved one’s passing away can be overwhelming, especially during the period of grief. A probate lawyer takes care of all the legal and administrative details, reducing stress for the family so they can focus on healing and remembrance.
- Impartial advice – A probate lawyer gives impartial advice in highly emotional matters. They provide professional opinions that can help prevent conflicts and ensure everything is done fairly and in compliance with the law.
- Prevent disputes – Family members and beneficiaries often end up fighting over the distribution of the assets. A probate lawyer helps avoid disputes and resolve any issues that arise during the probate process by identifying and addressing conflicts before they turn ugly.
- Efficient processing – Handling probate is not easy, and even minor mistakes can result in costly delays, disputes, or legal challenges. A probate lawyer streamlines the process by completing tasks quickly and efficiently. They reduce the likelihood of errors or delays, saving time and money, and help beneficiaries receive their inheritance as soon as possible.
- Legal protection – Probate lawyers provide legal protection to the estate and beneficiaries and make sure that the estate is distributed according to the deceased person’s wishes under the law. They also protect the beneficiaries from creditors, lawsuits, and other legal issues that may arise during this time.
A probate lawyer can make a challenging and emotional process easier to manage. Their expertise ensures that every legal and financial aspect is handled accurately and the probate process is completed properly.
How Much Does a Probate Lawyer Cost?
The cost of hiring a probate lawyer varies based on several factors, such as the size and complexity of the estate, Queens and New York State probate laws, the number of beneficiaries, potential disputes, and whether the estate has been contested.
Most probate lawyers usually charge by the hour or a flat fee, but some lawyers charge a percentage of the estate’s value. The exact amount you will pay depends on the lawyer’s experience, the location of the estate, and the length of the probate process.
Before signing the contract, ask a probate lawyer what services are included in the fee, such as filing, accounting, court appearances, or asset sale, etc. Also, check if additional costs or disbursements apply, such as appraisal fees, court costs, or publication expenses. Understanding these details upfront ensures transparency and prevents any unexpected charges later on.
Whether you need assistance with probate in Queens or want to discuss an estate plan, Albert and Peter Maimone provide reliable advice and personalized services. They understand how complex these matters can be, take time to listen to you and recommend solutions that target your wishes and unique circumstances. With their knowledge and expertise, you can make informed decisions, navigate the legal process with clarity and confidence, and ensure your family’s future is secure and your intentions are fully respected.