New York Probate Lawyer

Probate is the process where a testator’s last will and testament is verified and executed. The last will and testament enters into the probate process when the will is submitted to Surrogate’s Court or what others call Probate Court. It is recommend, although not mandatory, that you get in contact with a probate lawyer to assist you with the various nuances involved during this legal procedure. Probate can typically take a minimum of seven months if it is a simple estate with no hiccups or issues. Be mindful the legal procedures can escalate quickly if a will contest ensues.  If you are in need of a New York Probate Lawyer, you can contact our law firm. We are Mishiyeva Law, PLLC., and we are located on 85 Broad Street New York, NY 10004. Our contact number is (646) 233-0826.

Why Hire a New York Probate Lawyer?

Some property in your life will transfer immediately to a spouse without the need of court intervention. When property is owned through the following, probate is not necessary:

• Assets Held in Joint Tenancy
• Survivorship Community Property
• Tenancy by the Entirety
• Assets With Named Beneficiary

All other property has to go through probate in order to be transferred to the appropriate beneficiaries. One reason people typically tend to hire a probate attorney is because of convienence. Living life day to day, you simply do not have the time to attend Surrogate’s court, deal with creditors of the estate, file estate tax returns, or handle any of the administrative procedures that are associated with probate. An executor is usually appointed within the will to handle such deeds but even they require the assistance of an attorney. The appointed executor is not always the most legally savvy individual. Most of the time, it is simply a close friend or relative.

Will Contests

A will contest is when a party is of the belief that the last will and testament of the testator failed to adhere to the requirements of state law in order to be considered a valid will. A party can contest a will because of the following reasons: Age, Undue Influence, Fraud, Improper Will Ceremony, & Mental State.

When a will contest ensues, motions need to be filed with a court. Common individuals who have never gone to law school have no idea what the format is of a motion is or how to even submit it. This is where a lawyer would come in.