When someone passes away, their estate must go through probate. This process ensures that the will is valid, property is properly identified and appraised, and debts are paid.
A probate lawyer will help administrators and executors of an estate by providing a wide range of services. These include: assisting with the sale of real estate, settling claims against the deceased’s estate, defending against challenges to the will and resolving tax disputes.
Legal Advice
Probate is a legal process that must be followed by every estate that is passed on. It involves collecting and valuing all the estate assets, paying any debts and taxes and distributing the property to beneficiaries in accordance with state law.
A probate lawyer can help with all these issues. They can guide the executor of a Will or administrators working on an estate to make sure all assets are properly distributed to heirs and beneficiaries. They can also minimize disputes between family members and persons mentioned in the will by providing unbiased legal advice.
Probate Legal Services may also include negotiating and filing petitions with the court, evaluating date of death value on all assets and properties, defending against creditor claims in the estate, collecting life insurance proceeds, executing tax elections and settling taxes and more. Some attorneys charge an hourly rate, while others request a percentage of the gross (not net) value of the estate.
Document Preparation
Probate is a legal process to prove a deceased person’s will is valid, identify and appraise the deceased person’s property, pay any debts or taxes, and distribute the estate. We help clients handle all of the legal procedures involved in dealing with their deceased loved ones’ estates.
We can assist with any court proceeding that requires the filing of legal documents such as an eviction, request for a change of address, a small claims lawsuit, or a probate case (letters of administration). We also prepare living trusts and wills, power of attorneys, advanced healthcare directives, and divorces.
We bill by the hour and our rate varies depending on where you live, how experienced your attorney is, and whether they work in a big law firm or at a small one-person practice. We also offer a flat fee option that allows you to budget for legal fees without the uncertainty of knowing exactly how long the case will take.
Filing Documents
Oftentimes, probate proceedings require extensive filings. The court must be informed of any changes in the estate’s assets, debts, or heirs. This might include a request to open or close the estate, inventory, accounting, requests for fees (statutory or otherwise), receipts for distributive shares, and affidavits of publication and service of process.
The petition for probate must be filed with the Surrogate’s office along with a fee, proof that you published and mailed notices, a certified copy of the death certificate and any other necessary documents. The petition must also demonstrate that the will is valid, such as with affidavits from witnesses who signed it in front of notaries.
Some probate attorneys request a percentage of the estate value to perform their services, which can seem unnecessarily high for smaller values. Some states have statutory limits on these attorney fees. Other probate attorneys charge a flat rate for their services. The amount of time it takes to get through probate depends on the size of the estate and complexity of the will.
Litigation
Probate attorneys can help heirs, beneficiaries, creditors, and fiduciaries with disputes that arise during the estate administration process. They can also represent executors, trustees, and guardians in litigation involving estate property.
For example, if the deceased left a car to his friend but the friend won’t return it, the personal representative will need to file a lawsuit in court to get it back. If someone has wrongfully taken possession of the car, then the personal representative needs a probate attorney to handle a restraining order or other legal action.
The Matus Law Group helps people in New York City navigate probate matters. It can assist with filing probate petitions, distributing assets and properties, appointing executors, and paying creditor claims. It can also take on litigation involving disputed wills, contested accountings, and relief against fiduciary. Founded in 1995, it is led by Christine Matus, who serves on the advisory panel for the American Bar Association. Its team can also handle cases involving mental capacity, and conservatorship and guardianship.
