Self-Representing Probate Law Cases
This article discusses:
- The benefits of a lawyer for probate law cases.
- The pitfalls to self-representing in probate law in New York.
- Common mistakes made in the probate process by those who opt against hiring a lawyer.
What Are The Benefits Of Hiring A New York Probate Attorney To Handle My Probate Case? What Are Common Mistakes People Make When Going Through Probate Without An Experienced Attorney?
As you may have known or could guess, probate law in New York does not require you to hire a New York probate attorney.
When probating a will, you do not have to hire an attorney at all. Once the will has been probated, there are certain instances where the court will require the executor. At this point, you will be required to have an attorney. This is typically in the administration of the estate because can be extremely complicated.
A common and major problem is if someone pays out the estate assets to beneficiaries or the family on the basis of something along the lines of “Well, I know that’s what Uncle Bob wanted. He told me.” Estates have a priority in terms of paying creditors.
People also frequently make procedural mistakes. Some might think that preparing and filing the petition is sufficient, failing to realize that they must prepare citations, or documents that set the court hearing date when others could show up and contest the will.
In addition, you will typically need to employ process servers in probate proceedings if contested. This will also mean you will have to get the 1404 examinations of the attorney who drafted the will, if there was one. The litigation from this point in the process is intense and complicated.
The biggest problem people who want to go it alone have is that they hire an attorney to probate the will. After this, they are the executor. Once this happens, there is a seven month period where creditors of the deceased person can present claims against the estate. Mortgages going into default, unpaid credit cards, or tax liens from the Internal Revenue Service are common issues that present the selves at this point.
After all claims during this seven-month period are made, you must pay creditors in a certain priority. Failure to do so will most likely result in a lawsuit. Against you, the executor, personally, and the estate. They will win.
Even if not contested, you have to prepare waivers for people who are happy with the will, which will require involving the attorney general.
With the guidance of a skilled attorney for Probate Law Cases, you can have the peace of mind that comes with knowing that we’ll make it look easy. For more information on Probate Law in New York, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (516) 888-5381 today.