Probate Property Lawyer

Probate Property Lawyer Services: We Take Care of Your Future So That You Can Take Care of the Present

Fact: The probate filing fee typically costs around $350. However, you are looking at around 5 percent of the estate for the whole probate process.

About Us

We are a multi-service firm committed to delivering top-tier probate services to private clients and businesses. We can help meet our clients’ probate property needs, regardless of the size of the estate, the location, industry, or the legal matter. Our goal is to make your probate process easy through the provision of a single, coordinated experience.

Our probate property lawyer practices exclusively – probate. The team is fully committed to making your probate journey fast and easy, which means you are in for a seamless experience.

The first question we usually ask ourselves when a client comes into our offices is whether probate is needed. We handle this process in four steps as below:

Determining Property Ownership

As a local probate property lawyer, it is ideal that the process is systematic. We try and determine how the property of the decedent was owned at the time of death. Property held in joint tenancy with rights of survivorship, trusts transferred to a trust when the decedent was alive are instances where the beneficiary receives the property regardless of what the will says.

When the property is owned in a contingent plan, then the contingent owner will get the property when the owner passes away. Some of the common properties that have this arrangement are life insurance policies. Normally, the contingent owner gets the property no matter what the will stipulates.

Beneficiary Designation

The owner can name a beneficiary during the lifetime of the decedent that owned the property. In this case, the beneficiary that survives the decedent will receive the property. The beneficiary designation usually overrides what the will stipulates.

The last level is if there is a will or no will, and the property has to go through probate.  If there is a will, it controls who gets the property, but with exceptions. If there is no will, then the law decides the person that receives the property. In this case, there will be a probate for this will.

We have handled so many cases relating to intestacy, and we have the right tools and resources to handle your case. For best services, go online and look for “probate property lawyer online” to get a quick response.

The Basics of Probate

Small estates might not require probate. When the total value of the property falls under $50,000, all you need is to use an affidavit to avoid the process. Talk to a “probate property lawyer near me” to understand whether you need probate or not.

Additionally, real estate uses a separate affidavit process in the county. This is why you need to work with a “probate property lawyer in my state” to help you navigate the probate process.

When it comes to probate, you have two possibilities – formal and informal probate. Usually, when opening the estate, informal probate is used. If you have several people assigned to be the personal representative and don’t agree on who to handle the process, then a formal procedure is unavoidable.

You need to know that a formal proceeding requires that a formal hearing is set up and notice given to all the parties that are involved in the case. The process of filing a motion and running the hearing takes time, and you might need a special administrator to handle the process.

A bond might be required during the probate period. A will can, however, waive the bond.

The moment the will is admitted to probate, whether formally or informally, the Court has to issue letters testamentary to the personal representative. If there is a fiduciary bond required, it had to be filed with the court before these letters are issued. These letters are proof that the executor has been appointed.

Once the will has been admitted to probate, the probate property lawyer has to give notice to the intended beneficiaries, creditors, and other interested parties. After mailing the notices, it is prudent that you file an affidavit telling the court that you have done so.

Within just 90 days of getting an appointment, the personal representative needs to file an inventory with the probate court. This step has two purposes: one, it lets the court know the assets that are subject to the probate process and lets it know what property is subject to the inheritance tax.

An inventory is simply a list of the items of the assets of the decedent complete with the values of these assets at the time of death. The tax law can allow the assets to get valued on a different date, say, six months down the line. An inventory usually needs appraisals to determine the value.

Additionally, the personal representative has to account for each transaction that they make. Make sure the representative has all it takes to be able to do this properly. The best way to do this is to come up with a separate account that will hold the money for the estate.

You need to understand that the estate in probate is a new taxpayer. You ought to complete the different tax forms and get a number. The estate will have its own form to use for income tax return; that is if it generates income during the year that the decedent passed away.

Claims against the Estate

As local probate property attorneys, we have seen estates that have received claim upon claim on them, regardless of whether they were small or huge. If you have notified creditors within five days after publishing the claim in a local daily, they have only 60 days to lay claim for their dues.

However, there are instances when the court extends the time for 60 more days. Failure to notice the interested parties means the creditors will have three years to lay claim on the assets. This is a long time to keep the property in probate.

Laying a claim is easy – the creditor can file it in the probate court or suing the personal representative in their capacity as the fiduciary.

If a claim comes your way, you can determine whether to allow it through or not. If you decide to disallow the claim, whether fully or partially, you need to send the clerk of the court a notice of disallowance. From this notice, the claimant can petition for allowance within six days; otherwise, the claim gets barred.

Selling Assets during Probate

The personal representative is given the rights to sell assets unless the will stipulates that he doesn’t do it. Additionally, a court order may put a stop to the process. Usually, the method of distributing the property is in-kind, so that if you wish to distribute a house, you don’t have to sell it off before distributing the proceeds, unless the court states so.

However, before you make any distributions, ensure you have more than enough to pay off all the debts and have reserves to give to the beneficiaries.

While administering the decedent property, you need to know that the surviving spouse has some automatic rights to the estate. Even if they have been omitted from the will, they still have the right to get the omitted spouse share.

In everything that happens in the probate process, the personal representative always remains a neutral party. He doesn’t lean on any side, regardless of the relationship that exists.

Distributions from the estate can be done, and the estate closed informally. You need to understand the distribution schedule that shows how you have given out the property to the various beneficiaries. Make sure you itemize everything that you have done unless the interested parties have decided to waive the final accounting procedure.

When you make the distributions, the beneficiaries give you receipts to show that they have received their share of the property. Ensure that you have collected all the receipts. In most cases, the executors forget to get these receipts, and this makes the process longer.

You have to submit the final accounting with the court. This process is a listing of all the transactions that you have made. The listing is also a method to communicate with the beneficiaries, letting them know how the transactions have been made.

When the estate is closed informally, you retain the personal representative’s role for one year before the appointment is terminated.

Formal Closing of an Estate

In some cases, the estate might have to be closed formally. This usually happens when there is a contest or litigation from an interested party. However, when the court proceedings are completed and the personal representative has filed all the requirements, the personal representative’s role can be terminated.

Probate Property

This is the property that is distributed as per the laws of intestate succession or the will. If the property doesn’t fall under this category, then it passes directly to the owner that it has been designated to. This can be a joint tenant or a beneficiary that has been designated in a retirement account.

It is generally easier to administer an estate in Ulster County if you have a valid and admissible will in probate court. Additionally, the fiduciary has more powers under the will compared to when there is no will present.

Without a will, then the administrator has a lot of work to do. A person who dies without a valid will is termed to have died intestate, while a person who dies with a valid will is termed to have died testate. The testate estate is probated while an intestate estate is administered.

When Does the Executor Come In?

It is vital to note that an executor doesn’t have any power or rights to act on behalf of the estate till the will has been admitted to court, or till the court has granted the administration of the will.

The act of simply being named in the will doesn’t give the executor the right to act on behalf of the other people.

Ancillary Probate in Ulster County

When the decedent owns real estate property in another county or another state, the probate process must be administered in the county where the real estate is located. The process is called ancillary administration.

As a probate property lawyer, I have dealt with ancillary probate administration severally, and I know what you need to do and the requirements. Call in today to begin the process.

First Meeting with Your Probate Property Lawyer

Meeting your probate property lawyer for the first time may be nerve-wracking. If it is your first time to handle probate matters, you may not understand what to expect from the session.

There are several considerations that you need to make to ensure that the appointment is a success. Here are a few tips that can help you feel more confident about it.

Get Prepared

Have a brief about your probate case and what has been accomplished so far. State whether you have already initiated probate, what the executor has done and what is still pending. This will help the lawyer to understand your case better.

The brief should summarize all the important details about your case including the date when probate was initiated and the current status. Carry any previous correspondences with other probate lawyers if present. Also, bring along copies of any relevant documents.

In case the initial meeting is to be done over the phone, make sure that you share the brief with the lawyer before the call. Look for a quiet place when making the call so that there are no disruptions. If the meeting is at your office or home, look for a private area so that you do not keep worrying about being overheard.

Outline Any Questions You Have

Note all the questions or concerns down. Writing them in advance keeps you focused and ensures that you do not forget any. Some of the questions you may ask include:

• How much the probate lawyer will charge should they represent you in court
• How long the case is likely to take
• How likely it is for your case to succeed
• What risks and challenges are likely to arise

Be sure to note down any important points as the lawyer responds to your questions.

Bring a Trusted Person Along

Although you may decide to attend the initial meeting alone, it sometimes helps when you have a friend or family member accompany you. Inform your lawyer before the meeting that someone else will be present.

Having someone else in the initial meeting is essential since they can help you remember what you may have forgotten. The person must be trustworthy, and one that will not hinder you from sharing critical information about the case.

Carry the Necessary Evidence

A lot will be discussed during the initial appointment. The probate property lawyer will need to establish that you are qualified to handle the case. It will be useful if you carry evidence of your identity, and any information indicating that you have a right to handle the case.

Ask for Explanations

Some probate lawyers may use plain English, but others choose to stick to legal terms when addressing you. Do not hesitate to ask them to explain why you do not understand.

If the attorney cannot explain these terms, they will refer you to a resource that gives you simple definitions of all the probate terms.

After the meeting, you need to have a clear image of what actions need to be taken. In case you are not sure yet, you can ask the lawyer to send these to you by email. Make sure that you do not leave the meeting room feeling more confused.

Why Choose to Work with Us?

Choosing a law firm to handle your probate property case is one of the vital decisions you need to make as soon as a loved one passes away. You need a firm that offers the right expertise and knowledge but one that will be available each time you need them.

At our practice, we work hard to ensure that you receive the legal representation you need for your probate case. With the many years that we have been in practice, you can be sure that we will assist you in meeting your legal goals successfully.

You might be wondering why you should consider choosing us over other law firms. Here are some of the reasons:

We Possess the Right Knowledge and Experience

Your probate case may look simple at the beginning. This might give you the confidence to carry the process out without any legal representation. However, probate proceedings often comprise legal procedures that need to be handled by a person with specialized skills.

Our probate property lawyers are highly knowledgeable in probate matters. They possess several years of experience in handling a wide variety of probate cases. They have represented several clients in the probate court and understand exactly what needs to be done.

Put together; the lawyers bring with them hundreds of years of combined experience. They are thus capable of helping you, regardless of the complexity of your case.

We Commit to Our Clients

Our team of lawyers is always willing to know you better. They stand by you from the beginning of the probate process to the end. It is part of our culture to build strong attorney-client relationships.

We have a history of meeting our clients’ needs. This explains why we have been in continuous operation for many years. Our team of attorneys is highly respected in the legal industry. Our firm has always received a high rating within the region from our clients, other firms, and the public.

Our strategies are built around, making things easy for you. This is evident in everything that we do, from initial appointments to the delivery of our services. We have policies in place that ensure the timely delivery of our legal services to all our clients.

We look out for Your Future Interests

We normally treat each of our clients as special. We do not limit our counsel to probate court matters. We always encourage our clients to look at the bigger picture. Besides probate matters, we also assist you in planning for the estate after the process is completed.

We Offer Affordable Services

Most of our forms and processes are developed in-house by our team of lawyers. These processes are straightforward and ensure that we capture all the details of your case more conveniently. Using these in-house solutions allows us to shorten the time required for consultation.

By minimizing the time spent on appointments, you are sure that the cost will also reduce significantly. Ordinary procedures such as applying for administration letters that would take days to complete can now be completed within a short period.

Most of the clients we have served can testify of our low probate fees. The fact that we do not church you a lot does not mean that our services are sub-standard. On the contrary, we still rank among the best firms when it comes to the quality of service.

We Prioritize Your Success

Choosing us as your legal representatives allow you to enjoy individualized attention. We also take time to make sure that you receive effective legal advice and support from us.

Our focus is on making you succeed. As soon as you confirm your intention to work with us, we shall review your probate case and start to guide you through the entire probate process.

We make you understand your rights in the whole probate process, and guide you through any complexities that arise. Our goal is to assist you in making informed decisions all the time.

We Specialize in Probate Property Issues

We are experts when it comes to probate laws. Once you lose a loved one, it becomes difficult to go through their wills and ensure that the estate is rightly inherited. We assist you in completing all the estate responsibilities, including payment of debts and handling of creditor claims.

We liaise with the executor of your estate to minimize the occurrence of mistakes. We carry out each activity to minimize conflicts between beneficiaries of the estate and other interested parties.

We are Well Networked

Over the years, we have built strong partnerships that enable us to serve you quickly and efficiently. We have worked with most of the judges in the region and understand what they require from each case. We also understand the right strategies to be used to win the case in your favor.

We have been in the probate court long enough to understand its language. We are comfortable negotiating even the most complicated cases. We focus on taking the weight of probate off your shoulder.

We pride in handling the toughest part of estate administration, giving you enough time to concentrate on the grieving period.

We Are Good Leaders

Besides offering you exemplary service, we always guide you through the entire probate process. We do not wait for you to initiate communication. Instead, we will always contact you with updates about your case and what you need to do.

Our team is trained to maintain high standards of integrity when interacting with clients. We understand that this may be a difficult time for your family and would not make things more complex for you.

Once you hire us, you will no longer doubt the next steps you should take. We provide you with enough details that guide you in making the right decisions. Above all, we listen to you and develop plans that are unique to your case. We understand what is right for you, and always endeavor to deliver this to you in the best way possible.