Probate is a legal process often required to process the paperwork and figure out the distribution of assets after someone dies. You can relieve your family of probate issues by careful estate planning with Queen’s top probate attorneys at Albert Maimone & Associates, P.C. They also are available to help you through the probate process if you’re left to handle an estate. These College Point, Queens probate attorneys offer a free consultation and case evaluation, and they provide the highest quality legal services without the big firm fees. Call them for comprehensive estate planning and probate representation in New York City and in Nassau and Suffolk counties.
What Is a Probate Attorney?
A probate attorney is a legal professional who can help you navigate probate. Probate is a proceeding that validates a will, reviews remaining assets and determines inheritors after someone passes away. If there’s a will, during probate, a court approves the named executor so that person can begin distributing the remaining property and possessions after any debts are paid. Probate is a lot less stressful when there’s a will or a living trust that clearly defines the wishes of the deceased.
Many families find probate to be very stressful and difficult to get through while dealing with the loss of a loved one. You don’t have to do it alone. Rely on the expertise of estate planning experts for help with estate and probate law or wills, trusts and estate planning in NYC at the Albert Maimone & Associates law practice. They’re a boutique law firm that offers dependable advice and skilled representation.
What’s the Role of a Probate Lawyer?
There are many challenges you may have to face when someone you love dies. Probate attorneys help executors and beneficiaries navigate these challenges by taking care of such tasks as:
- Preparing and filing documents required in court
- Identifying property or possessions that are part of the estate, including any real estate, bank accounts or vehicles
- Opening and managing a checking account for the estate
- Collecting on life insurance policies
- Determining if estate or inheritance tax is due
- Determining the validity of debts
- Having property appraised
- Transferring assets to beneficiaries
The role of a probate lawyer may vary, depending on the size of the estate and whether or not the deceased left a last will and testament. An attorney offers crucial advice regarding estate matters and prepares legal documents as needed.
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What Happens if a Person Dies without a Will?
The process of going through probate becomes even more complicated if an individual dies without a will. A person that dies with no will in place is said to die intestate. When an individual dies without a will, probate court has to:
- Assign a personal representative who functions as an executor or estate administrator
- Locate assets belonging to the deceased
- Assess assets to determine the total value
- Pay outstanding debts and taxes
- Distribute the remaining value of the estate per the law
A person who dies intestate leaves no record of their final wishes and everything they own goes through probate. Without the documentation provided by a will, it’s up to the courts to make decisions that should have been up to the deceased. If there was a will, but it’s missing, you may have to endure lost will hearings.
Probate Attorney Near Me in Queens, NY: Expert Legal Services at a Competitive Price
Navigating the intricate probate process requires deep expertise in understanding probate law. If you need help, it’s essential to select an experienced probate attorney nearby who offers top-tier legal services and significant experience in probate law at a competitive price. Whether addressing a recent bereavement or considering personal estate planning, choose an organized and efficient team with expertise in probate law, wills, trusts, and estate planning for dependable advice and representation.
Conveniently located in the heart of Queens, on College Point, the south by Whitestone Expressway and Flushing, and in close proximity to residents of Bayside, Rego Park, Jackson Heights, Elmhurst, Flushing, and Forest Hills, our probate attorneys are here to make the process as easy and stress-free as possible while providing support and guidance to their clients during this difficult time.
When Is a Probate Attorney Needed?
A probate attorney isn’t always needed. If an estate is simple or if a living trust was in place, you may feel confident you can handle probate yourself. In certain situations, however, hiring probate lawyers makes sense. Examples of situations where a probate attorney may be needed include when:
- The validity of the will is in doubt.
- There are disagreements between family members and beneficiaries.
- You don’t live in the same state as the person who died.
- Back taxes are owed.
Complex situations usually require the help of an experienced probate attorney. If the estate is large and it’s worth more money than you personally possess, it’s a good idea to rely on the expertise of an attorney who specializes in estate and probate law.
Is There a Way to Avoid Probate?
Going through probate can be a huge headache for those you leave behind, and it may last years or even decades. To protect your loved ones from the stress they may experience when going through probate, there are a number of steps you can take, such as:
- Keeping your estate small. Small estates may have an expedited probate process. Each state has its own interpretation of what’s considered a small estate. Consult your Queens probate attorney for guidance regarding all New York standards.
- Establishing a living trust. When you establish a living trust, the trust is the owner of your assets. This allows you to use your assets while you’re alive and ensures that they’re distributed to your beneficiaries when you pass away. You may be able to avoid probate altogether if all assets have been placed in a trust.
- Owning property jointly. When you own property with someone else, it transfers to the other person without having to go through probate.
- Titling your assets POD or TOD. Assets, including bank accounts and property, can be titled payable on death (POD) or transferable on death (TOD), which allows them to be transferred to your beneficiary upon your death.
- Hiring NYC probate lawyers. When doing your estate planning, your attorney learns about your wishes and your living arrangements. At this time, you can provide your attorney with special instructions and allow them to create the appropriate documentation.
Be proactive about putting a will or living trust in place so that there’s no question what your wishes were. Lawyers with training and experience in probate law and estate planning help you take the steps necessary to protect your loved ones and avoid probate.
What Questions Should I Ask Probate Lawyers Before Hiring One?
When you choose a probate attorney, you’re entrusting this person to take some of the stress away following a death. You expect the lawyer to handle your case ethically and professionally. A good way to choose the best probate lawyer is by building trust with your Queens probate attorneys. Ask questions such as:
- What services do you provide?
- What should I expect during probate?
- How long do you expect it may take for my case to be settled?
- Have you handled cases similar to mine?
- What are your fees and when is payment expected?
Whether you’re in the process of settling the estate of a loved one or you’re preparing your own last will and testament or a living trust to minimize the stress on your loved ones, the guidance of experienced probate lawyers in Queens removes the stress associated with the process. In NYC, contact Albert Maimone & Associates. They practice in all five boroughs of New York City, as well as in Nassau and Suffolk counties.