Probate Lawyer Brooklyn
The probate process is a legal process by which a Will is proven valid as the true Last Will of the deceased (decedent). The Probate Brooklyn can often get very complicated. Things required in the process include witness affidavit, a formal petition, the original Will as well as proper notice of all family members involved. You need a Probate Lawyer Brooklyn.
In every state or region, there will be a Surrogate’s court. This is the court where Probation of a Will is conducted, such as the Kings Surrogate court, Brooklyn.
Probate Law process varies across the different states in the country. In Brooklyn, the Probate Law is guided by the Estates, Power and Trust Law (EPTL), and the Surrogate’s Court Procedure Act (SCPA). This laws, as well as the individual court rules and decisions, will dictate the Probating process of a Brooklyn Will.
In the absence of a valid Last Will prior to the death of the decedent, such situation is remedied by the State’s intestacy laws. This law varies from state to state, as a Probate Lawyer Brooklyn will explain, and it involves different complex processes. Albeit, whether the estate is being probated or subjected to intestacy, the Surrogate Court demands provision of detailed information about the next of kin as well as the monetary worth of the assets.
It is not always an easy thing providing detailed information as to a person’s next of kin. It could be that the only surviving relatives of the deceased are distant relatives–cousins, great-grandchildren, or even second cousins–people who may not have had personal contact with the deceased for up to decades. Location of such people would prove difficult. Granting this set of people as worthy of benefiting from the estate of the deceased is done in a Kinship Hearing, and a Probate Lawyer Brooklyn must get involved with this procedure. Hence the need for you to contact a Probate Lawyer Brooklyn.
Most Probate cases in Brooklyn do not involve “contesting” Wills but if this happens, a Probate Lawyer Brooklyn must get extensively involved as well, in order for such controversies to be resolved. Contesting of Wills is a provision made by the law granting any aggrieved or displeased party the opportunity to object or examine the Will to see whether or not it is completely free of foul play. Foul play could arise due to one party forcing the deceased to sign the Will under duress, in order to get the lion’s share of the estate. All parties or potential beneficiaries could contest this Will and the Will must be proved (Probated) before the assets can be distributed. This process requires also the extensive involvement of a competent Probate Lawyer Brooklyn.
Ways In Which The Probate Lawyer Brooklyn Gives Assistance And Counsel.
The executor (personal representative of the deceased) of the Will may need to hire a Probate Lawyer Brooklyn if he/she is not so sure as to the dictates of the Will, or if he/she is mistrustful of the potential beneficiary (or beneficiaries).
A beneficiary could also hire the Probate Lawyer to help protect his/her interests that would see him/her enjoy the benefits of the estate.
The Probate Lawyer Brooklyn will offer the following services:
Payment of outstanding debts and bills of the deceased from the assets.
Distributing the remaining assets among the beneficiaries.
Evaluating the asset and checking account of the deceased.
Preparing and filling all required documents before the probate or kinship hearing.
Sales of estate property.
Requesting permission from the court in order to take certain actions.
Settling differences between executor and beneficiaries.
Putting the beneficiary’s name to the assets in place of the deceased’s name.
Collection of proceeds of the life insurance taken by the deceased.
Settling income tax issues as regards the estate.
To let all this burden off your shoulders, contact a Probate Lawyer Brooklyn today!