Probate Lawyers: The Key To Your Future

Also known as estate attorneys, probate lawyers deal with settling the final affairs of a deceased person (referred to as the decedent in legal terms). They are licensed professionals who mentor and advise their clients and their beneficiaries on how to go through the entire probate process of passing on their assets and estate.


Probate laws differ depending on which state the client lived and where estate is owned. The paperwork required will be different and have factors affecting it such as the deceased leaving behind a valid last will and testament; a dispute among the heirs, any debts to be paid, or if a beneficiary decides to challenge the validity of the deceased’s will. A probate lawyer can represent a beneficiary by performing the following tasks:

  • Settling the debts of the decedent
  • Distributing assets to the beneficiary after paying off the decedent’s debts
  • Selling the decedent’s property
  • Settling disputes among the heirs
  • Determining the taxes needed to be paid (e.g. estate or inheritance) where the cash will come from, and at what level of government (state or federal) it will need to be paid to
  • Obtaining the appraised value of the estate and other property of the decedent
  • Preparing and filing all the legal paperwork involved
  • Collecting life insurance or other death benefits
  • Gathering and securing probate and non probate assets


Why you need a Will

A Will serves to do more than just allocate your properties to your heirs. It can also state what kind of funeral arrangements you want, who the guardians of your children will be, who will be the executor of your Will, and what final messages you would like to leave your loved ones. Having a legally valid Will allows you to distribute your assets to your heirs as you desire. If you pass away without a Will, “intestate succession laws” will come into play and will differ depending on what state you live in and in what state your properties are located in. Spouses and children are normally prioritized in most intestate succession laws but the allocated proportions vary by state. Having a will prevents the state for having to decide for you and may also prevent potential family disputes over how property should be divided. Cases where there are several heirs or previous marriages involved can become very complicated and may have long and costly court disputes. Creating a legally valid will can be complicated and each person’s case is unique, involving friends, loved ones, or even pets. Usually the presence of a witness or two is required for the signing of the will. A verbal will may be legally enforced, and you have the option of creating a video Will depending on the state you live in. Getting a probate started is a long process and varies from state. Having the help of a lawyer will make it much less stressful and less complicated. A lawyer who understands probate law can ensure that the Will meets all legal requirements and enforce it on your behalf.

Law Offices Of Roman Aminov 1600 Avenue M, Brooklyn, NY 11230 (347) 766-2682.

Law Offices Of Roman Aminov 147-17 Union Turnpike, Flushing, NY 11367 (347) 766-2685

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