What a Probate Lawyer Can Do For You

As Ralph Waldo Emerson so plainly stated, “Death comes to all.” Since we can’t avoid it, doesn’t it make sense to be well prepared for it? And that’s what probate law is all about. 

Probate and estate administration is a legal specialty that involves helping people wrap up their estates after death. While probate and estate administration are distinct legal specialties, they often go hand in hand with estate planning. Many lawyers do both estate planning and probate and estate administration, and in many cases clients find it easier to work with one attorney to handle both legal specialties.  

To give you some background, estate planning involves creating the legal documents you need before you die. These documents are designed to:

• Create your will, identify an executor and beneficiaries, and set forth other terms of your will
• Create legal documents such as advance directives – living wills, health care proxies, and powers of attorney, for example – that will be used in the event of your incapacity
• Create trusts for special purposes
• Offer financial and tax strategies for your long-term care 

By contrast, probate and estate administration involves taking the necessary steps to wrap up your estate after your death. 

Understanding What a Probate Lawyer Does

Here’s what a Long Island probate lawyer can do for you:

Help You Select An Executor

An executor is the person named in your will who is responsible for executing your will. If the deceased does not have a will, the court will appoint an administrator. An executor and an administrator essentially perform the same functions. Executors and administrators are responsible for:

• Gathering your will and other legal documents after your death
• Identifying beneficiaries, creditors, and other interested parties 
• Collecting on life insurance policies
• Making disbursements to beneficiaries 
• Paying taxes
• Managing other similar tasks

A probate lawyer can help you figure out who you should name as an executor. In most cases, it’s recommended that the executor be a trustworthy, competent individual who is aware of your desires and values. Your probate lawyer can talk through with you whether you should name a family member or someone who represents you in a professional capacity, such as a lawyer or financial advisor. 

Ensure The Executor Acts Properly

While an executor or estate administrator handles much of the day-to-day work of estate administration, a probate attorney will typically review the executor’s work to ensure that paperwork is completed properly, all beneficiaries and creditors have been identified, and the court process is proceeding smoothly where probate is involved. However, if the executor is not interested in managing the estate administration or feels incompetent to do so, all tasks typically performed by the executor can be handled by a probate lawyer.

Answer Complex Legal Questions

A number of complex legal questions can arise during probate and estate administration. These can include issues where property was jointly owned by the deceased and other parties, where there are insufficient funds to pay the decedent’s debts, and where there are recently identified heirs who are not included as beneficiaries. 

Many legal questions can also arise if the decedent failed to have a will. When a person dies without a will, the state’s intestate succession law steps in to make the determination as to who will inherit. For example, in New York, if the deceased was married upon death, the surviving spouse inherits the first $50,000 plus half of the remaining estate. If the deceased had children upon death, they inherit the remaining estate, which is divided equally among them. If a child dies before the parent, that child’s share passes to their own children. 

Other rules apply when no spouse or children are alive, and to situations involving adopted children.

Without a will, family disputes can arise over who will inherit, who should manage the estate, or how property should be divided. In some cases, creditors or estranged relatives may file claims. The process can be lengthy and emotionally draining. Some common issues include:

• Arguments over sentimental items or family homes
• Unclear ownership of joint assets
• Delays in obtaining Letters of Administration
• Legal challenges from previously unknown heirs

These problems can delay estate settlement for months or even years. 

Probate lawyers are trained to understand how probate law works in their jurisdiction and case law precedents that may impact estate administration.

Help With Claims Against the Estate

In certain cases, there may be claims against the estate. In order for the executor to be protected from liability for mismanaging estate claims, it is often wise for the probate attorney to step in. 

Sort Out Messy Beneficiary Struggles

It’s no secret that money can bring out the worst in people, and wills are often a source of unpleasant family dynamics over the deceased’s estate. And it’s not uncommon for will contests to be threatened by a family member who was purposely omitted or is unhappy with his or her assigned share of the estate. Often, the executor decides that he or she cannot or does not want to deal with the feuding heirs. An experienced probate attorney can often serve as an objective mediator in this situation, helping the decedent’s family members understand the legal issues and apply mediation and negotiation skills to the dispute. 

Contact Davidow, Davidow, Siegel & Stern, LLP

A probate lawyer can be invaluable as you struggle through wrapping up the estate of a family member. Your probate lawyer can ensure that the executor understands the process and follows it properly, offer input on complex legal issues, and serve as a mediator among family members when the situation is fraught with anger and anxiety.  

Combined, we have over 100 years of experience providing our clients with the best legal services possible. Our depth and breadth as a legal team ensure we anticipate and meet every legal challenge you face. Contact us today to see how we can help you.

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