After the death of a person, the probate court oversees the entire process of transferring his/her assets to the beneficiaries, which is known as probate. But most of the time, this is not a simple task. So, people prefer to hire a probate attorney Brooklyn to guide them throughout and handle all the formalities and complications if they arise during the probate. Since the probate has expertise in legal matters, it would be wise to seek his/her advice in order to make the probate simple and fast.
What Are The Primary Steps of A Probate Law?
First of all, the court identifies all the assets of the deceased. They find out the pending payments, such as debts, taxes, bills, and clears them. After clearing all the dues from the estate funds, the rest amount will go among his/her heirs as provided in the Will. To manage the estate during the probate period, the court appoints an executor to look after the estate. He/she will also clear the dues from the estate fund on behalf of the owner. He/she must produce evidence of all the expenses that he/she made as the executor until the distribution completely takes place among legal heirs.
This is the ideal probate, and it takes at most eight to nine months.
Hire a Probate Attorney Brooklyn to Manage Probate Litigation
The process gets lengthy often because of probate litigations. Any of the beneficiaries or third parties may go for a legal contest. The contest generally arises on mental incapacity grounds. If anyone from family or outside the family challenges the Will, you term it as probate litigation. It makes the process more complicated and lengthy too.
It takes the form of a battle, and the issues of guardianship, power of attorney, conservatorship, and others arise in the course of time. To handle these undesired circumstances and to guide you, a probate lawyer is always crucial.
Which Situations Are Considered As Probate Litigation?
Probate litigation may arise due to different situations.
- Challenges to Will validity, Trust modification or alteration lawsuits.
- Suits about the language and words used in the trust and Will.
- Contests whether a person without power of attorney can be the guardian of the estate owner.
- Suits to terminate a trust because its purpose no longer exists and various other scenarios can lead to litigation.
The worse factors of probate litigation are second marriages, secret relationships, sibling rivalry, multiple marriages without a prenuptial agreement, dysfunctional family. A prenuptial agreement is a basic tool to avoid probate litigation upon one’s demise.
Some More Details
Moreover, many people have a misconception that their asset is separate even after its conversion to the community or marital property. To avoid such situations, probate attorney Brooklyn advises the spouses to create a prenuptial agreement. They should do it preferably before or even after marriage mentioning the ownership of their assets. This wise act will stop the close relatives from fighting over the right on the property upon an individual’s death. A life insurance trust is a good way to separate the interests of the surviving spouse and children.
An estate plan that omits children creates trust and increases the odds for probate litigation upon an individual’s death. Sometimes, the trustee of the trust or the executor of the estate may lead to litigation. This happens when the trustee or the executor cannot accomplish his role efficiently. Maybe due to poor communication, lack of understanding of the court’s instruction, disorganizing nature. If these two parties need to act together during probate, the possibility of probate litigation increases.
Even if the valid reason exists for contest, it is highly useful for individuals to consult a probate lawyer Brooklyn to contest an estate. This is because the court does not proceed with any claim beyond the legal limit.
A Probate Attorney Helps to Retain the Family Bonding
Probate litigation impacts family relations badly. Hiring a legal professional may not prevent the litigation, but he would be able to make an effective plan to reduce it significantly.
If an individual appoints a probate attorney during creating his Will or trust, he/she will ensure that his/her wishes will be carried out exactly the way he/she wants. You can take all your estate planning and probate related doubts to him/her to get you in the right direction and to fulfill your wishes. An experienced lawyer will explain all your concerns to provide you a better understanding. Accordingly, you can make changes in your draft to make the most of it. Thus, to avoid litigation after your death, consult a reliable attorney.