Probate Lawyer Queens County
Our Probate Lawyer Queens County Fights for Executors and Beneficiaries in Probate Cases
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Probate Lawyer in Queens
This is the home of Queens County probate lawyer who handles probate cases in an efficient and fast manner. We run a law practice that is 100 percent devoted to the County’s probate court cases, big or small.
Our practice’s goal is to try and give you all the solutions to your probate problems, whether the estate is big or small.
The sudden loss of a family member can be a traumatic experience for all concerned. This is why you need to avoid probate at all costs. If you find yourself in this situation, you need the top expert probate lawyer Queens County boasts of to help you out and make the issue easier for you – we are ready. We have both the personal and professional experience to make this traumatic experience manageable.
Queens County probate takes a lot of time and is costly. Well, we aim to make the process short and as pleasant as it can be. If you don’t know, probate law involves so many statutes both nationally and statewide. This is what took us to law school, and further on to do other related courses in probate. Putting these experiences and expertise together is what we do for you!
You might feel that simply having a will is all you need to avoid probate – you are in for a rude shock. The will is a major ingredient for any estate plan, but it is not the only solution to your probate problems.
Queens County probate takes a minimum of six months to complete, and if your estate is poorly planned, you are looking at several years. The probate process might seem bad, but probate litigation is much worse! Our experienced probate lawyer can help you navigate the probate process and reduce any chances of litigation.
We are certified to handle probate cases in Queens County, making it easy for us to access the justice system and know what is going on with your case. We focus our practice on probate, which is a good way to stay in line, especially with the ever-changing laws.
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How We Can Help You
We provide affordable, effective, and efficient legal services for you. Our expert probate lawyer in Queens has represented and assisted thousands of clients with a high success rate. We help you protect the assets that your loved one left behind for you.
We Help You Get Started Quickly
After the death of a testator, it is usually a good idea that you start the probate process as fast as possible. When you don’t know anything about probate, you won’t have an idea of where to go or what to do. We have the capacity and experience to give you all the information that you need to begin this process.
The probate process in Queens County takes at least six months, which means you need to file for the process sooner than later. However, you need to handle the funeral and burial arrangements first before you go for probate. Once you have taken care of the personal matters, the next step is to start the probate process.
The process starts with determining the executor of the estate. Another step you need to take is talking to us. We have the skills to determine what needs to be done during this process, file all the court documents, and move it fast.
As your probate lawyer in Queens County, I will meet with you to talk to you and come up with a plan. We have processed hundreds of probate issues in New York, and we promise that we shall handle the probate matter with efficiency and professionalism.
What Are the Options to You?
When you come to us, we give you different options that lead to a solution to the case. We explore these options with you before we can file with the court. For instance, if the assets in the will are less than $150,000, then we can employ the Queens County probate code sections that allow the assets to get transferred without going through the probate process. This also results in a lower cost for you.
However, if there is real estate involved, the process can be long and tedious. We are just side playing the fact that when you approach us, we have various options to choose from.
What is the Aim of Probate?
Probate aims to collect and manage the assets left behind by the decedent, pay off existing debts and taxes, and then distribute the remaining assets to beneficiaries as provided in the valid will.
The Probate Process
The probate process in Queens County officially starts when the personal representative files a petition in the probate court in the county. However, the county needs to be the permanent residence of the decedent at the time of death. The court sets a hearing approximately thirty days after the petition is filed.
If you are out of the county, you can work with a Queens County probate lawyer to begin the process. You need to send us a copy of the original will that will be proved by the court and a copy of the death certificate.
In case you don’t have these, you can work with us to help you get it for you.
After you file the initial petition, the next step is to publish a notice of hearing in the local dailies. You also need to mail this notice to everyone named in the will, along with any other person entitled to the estate. All named executors should receive a copy of the hearing as well.
Proving the Will
If a will exists, then the next step is proving it, unless the will is “self-proving.” Some wills come with specific language at the end of the will, in which the witness signs the will in front of the testator and each other making it unnecessary for witnesses to prove its validity.
Identification and Collection of the Assets
The personal representative is required to identify and take possession of all the decedent property that is subject to probate in Queens County. The process might take time, especially if the property was distributed across the county. However, it is necessary to tell the court what is available to be distributed and how much tax should be charged.
Payments to Creditors
Once the personal representative has been appointed, the creditor has to be paid first. This includes all the bills that relate to the decedent, including funeral bills. Any creditor that claims to have valid debts that need to be settled by the estate must submit claims to the executor. However, not all claims submitted are valid; others are out to make a killing.
If the claims are determined to be valid, they have to be paid from the estate proceeds. The claims have to be submitted within a specific period for them to be valid. However, in most cases, there are no claims on the estate, meaning that objections are also rare.
Closing the Estate
Once these steps have been handled successfully, the executor must account for every transaction and file them in court. He then files a petition that summarizes the actions taken on the estate then reports all the transactions taken on behalf of the estate. This petition lists all the assets currently remaining in the estate and how they will be distributed to the beneficiaries. It also lists the fees payable to the executor and the lawyer.
If the petition is in order and there are no objections, the court issues an order to conclude the estate. The order tells the executor to distribute the assets then pay off the fees. Since not all estates experience the same issues, the duration of closing varies.
Different Conditions of Probate Law Apply in Different Cases
Though a Queens County probate lawyer works on representing the parties involved in the probate process, the steps involved in solving the cases differ. These steps differ depending on the composition and complexity of the estate.
Whether you are handling the case when you are in the county or out of the county, it is ideal that you hire a top probate lawyer Queens County offers that has the right experience to help you with the issue at hand. This is also true because you might not be able to identify the different probate rules in the locality.
Our Role as Probate Lawyers in Queens County
As probate lawyers, we work with you to make sure the process moves smoothly. We will take charge of preparing all legal documents and filings and make all court appearances, and making sure that the probate process draws to a successful conclusion.
In all these, you also have responsibilities. You have to make sure that all the assets are located and found, assemble all the creditors, and disburse them accordingly.
If you come across any problems when handling your responsibilities, we are here to help. Remember that you cant do everything perfectly. We have handled probate cases for years, and we have the time and expertise to help you with the issue you have.
It is A Document-Intensive Process
You will be surprised at the number of documents that you will need when you start the probate process. The process is fraught with hand-drafted legal pleadings and forms best handled by a Queens County probate lawyer.
Additionally, some various notices and filings have to be delivered in a timely fashion. We make sure you deliver all of them to the government agencies in a timely fashion. Once all the documents have been delivered on time, the process can proceed. In many circumstances, you don’t need to attend the probate proceedings as we handle them on your behalf.
Ancillary Probate Proceedings
This is a proceeding when a family member passes on with property located in more than one state or dies in one state with property located in another state. We have the expertise to help you in all ancillary probate situations.
Figure 1: When the decedent owned property in another state, the only solution is to get probate lawyers in that county.
Usually, the non-Queens County resident will have a will in the state that he lived before passing away. The executor will use the will to pass the property in Queens County. They will be valid in another county or state. If the person lived in another county and owned property in Queens County, you need to know that the will they have will not work in this county.
The personal representatives from out of state won’t have the authority to take possession, sell, manage, or distribute property located in Queens County without additional authority from the probate court.
We have handled ancillary probate issues for a long time now, and we are ready to help you with your issues as well.
How Does Ancillary Probate Work in Queens County?
The first step is to appoint a personal representative. This person will have ancillary authority over the property in Queens County. The next best course of action is for the personal representative to talk to us.
The person might need to post a bond then give notice to the creditors, if any. There is also the sale of assets with the proceeds deposited in a checking account. We can help the personal representative handle these issues the right way.
As probate lawyers, our role is to make sure the property of the decedent is handled in the right way and distributed promptly. Failure to work with a qualified probate lawyer in Queens County can be the difference between the beneficiaries waiting longer to get their share of the estate and getting it promptly.
So, if the decedent owned property in Queens County and resided in another county, consider contacting our experienced probate lawyer Queens County recognizes for assistance. We make sure you to experience a more efficient probate process.
Ancillary Probate and Creditors
After a will has been admitted in probate, the full process can be avoided in many situations. However, if there is a creditor in the state attached to the property, then full ancillary probate is necessary.
The process of administering ancillary probate isn’t much different from what happens in the local probate. The only difference comes in the method of proving the foreign will. The foreign will can be proven in Queens County as an original will or by copy.
Talk to us today if you find yourself in a rut regarding the ancillary probate process.
Probate Petitions in Queens County
The Queens County probate process is normally long and full of statutes that are used to make sure you are fine, and your interests are met. Additionally, there is a law that establishes the different legal principles and how they can be followed to the latter. The key is knowing which statutes to follow and at what time.
About probate, there are a lot of petitions that we can file on your behalf. These include:
- Petition to demand an accounting of the assets that the decedent left behind.
- Petition for removal of a beneficiary.
- Petition for breach of trust by a fiduciary.
- Petition to establish the right of creditors to claim for payment.
Contact us today to handle any issue you need a petition for.
Probate for Same-Sex Relationships
We have seen a growth in the number of same-sex relationships in the county, and with this comes the need to change the way the law works. Sadly, many same-sex couples are neither married nor in a civil union, which can have serious implications when it comes to probate matters.
While the law in Queens County similarly treats everyone during probate, things change when you are in a relationship but not legally married.
Studies show that only 50 percent of same-sex couples have legalized their partnerships. If a partner passes away without a will in place, the partner won’t inherit anything from the estate.
If the testator’s family is aware of the relationship, then the process will be easy because contests might not occur. However, without the family being aware of what is happening, claims will arise and make the process drag on and on. Ideally, you engage the services of a probate lawyer in Queens County to seek advice when faced with a claim against the estate.
If the decedent didn’t leave a will behind, the property passes on under the rules of intestacy of New York. The case goes to probate court, and it remains the court’s responsibility to decide who gets what, most probably the next of kin. This might leave you with nothing, especially if you depended fully on the deceased.
These cases can be traumatizing because they touch on a wide range of issues, both on the death of the partner and the personal relationship being made public.
Why Work with Us?
If you have ever lost a loved one, you probably know the probate process and how it is carried out. Thinking about the process and the kind of legal assistance you need can help you easier.
The best way to prepare yourself for probate is by working with the best probate lawyer Queens County can offer. We are experienced in offering you the necessary assistance. Our qualified and licensed experts wear many hats. Besides helping you handle probate court matters, we also provide you with the best legal advice necessary to make the process a success.
Some of the benefits you get from working with us are as follows:
We Have the Procedure at our Fingertips
Having supported numerous clients with their probate cases successfully, we have become familiar with the entire procedure and understand what is required to move faster.
Of course, some cases involve very small estates that are easy to handle without legal assistance; some are too large and need our intervention. We help you keep up with the guidelines and schedules of the probate court. We also help draft any complex court documents, and facilitate the execution of any will provisions that may seem complicated for you.
As an executor or beneficiary of a decedent’s estate, you may be given the responsibility of managing the estate funds, following up on tax matters and other issues relating to the case. We work with you to ensure that you accomplish these responsibilities without violating any probate laws.
We are Cost-friendly
We do not charge you any upfront fees. We initiate your probate case and ensure it is ongoing without asking you to make any advance payments. Our payment terms are flexible enough to allow you to engage us without worrying too much about money.
We also support a variety of payment options that you can take advantage of, especially when you cannot access funds from the estate.
We Feature Sound Communication Schedules
Of course, there is no way you will have a probate lawyer in Queens County and still handle the probate process by yourself. Dealing with probate proceedings can be very time- consuming. Doing it yourself may not be a good idea since it will demand more time and resources than necessary.
When working with you, we practically take over all the necessary activities, giving you enough time to connect with your family and friends. Once we agree on the terms, we come up with an ideal communication schedule that will enable us to update you on the case’s progress accordingly.
We do not keep bombarding you with unnecessary communication in terms of calls and texts. Our goal is to ensure that you receive the right details about your case in good time and remain confident in how we handle the case on your behalf.
We Ensure Quick Turnaround Time
If you have ever tried to administer an estate by yourself, you agree with us that most of the things you did were on a trial-and-error basis. Eventually, you may have learned that the process was not as effective as you thought it would be.
While working with us, we use the right knowledge and expertise to expedite the whole process. We work round the clock to ensure that the tide turns in your favour, especially where contests have been filed against the will.
We help you establish whether your case qualifies for summary probate depending on the laws of your state.
We Shield You from Liabilities
We streamline the handling the many details associated with your probate case. It has been a normal occurrence for individual administrators of a decedent’s assets to make legal mistakes during the probate process.
When you fail to execute any duties assigned to you by the probate court, you will be held responsible for the consequences. Carrying out the process on your own puts you at risk of making some unintentional errors that may be very costly.
We are better equipped to save our clients from such mishaps. Our dedicated team of professionals is capable of lifting the burden of these errors off your shoulders because they have strategies in place that seek to eliminate the occurrence of such mistakes.
We Resolve Disputes Professionally
If there is an unresolved dispute tied to your inheritance, litigation may take place. When this happens, the case may be taken to court, and it may take several years for it to be resolved.
When you allow us to work with you, we provide you with the right guidance to ensure such disputes are handled in the most professional, timely and cost-effective manner.
As we do this, we also ensure that any expenses that may impact the estate’s value remain minimal.
We Have a Track Record in Debt Management
Our financial experts are always on standby to prioritize any debts left behind by a loved one. We ensure that you do not use all your inheritance to pay the creditors.
Although it is the probate court’s responsibility to determine the order to use when paying off the decedent’s debts, it is your responsibility to establish how to apportion the money so that you do not remain with anything.
You may be a beneficiary of an estate whose proceeds are not enough to clear taxes, pay debts and take care of your needs simultaneously. We can assist you to come up with a valid payment plan that will not strain you financially.
We have a good reputation in assisting our clients who are in a financial dilemma. We are always willing and ready to share our experience to show what we have achieved on behalf of our clients in the past.
Some of our expert lawyers have been awarded for their excellent services since their work remains consistently high. For each client we receive, we ensure that they get the best services from the best team.
Frequently Asked Questions
First, you will be dealing with the estate left behind by a loved one. Secondly, there may be family disputes and appointing a probate lawyer in Queens County who is impartial and professional will aid the situation. Additionally, if you make a mistake as an executor, you will have to pay for things right out of your pocket. The solicitor will be able to guide it all.
The process of administering the estate will need some funds. The funds are to cover for different costs. However, what you pay depends entirely on the estate’s complexity and the involvement of the other parties. If it is a small estate, then the costs won’t be so inhibitive, but if the estate is immense, then you are looking at higher costs. Normally, the costs take up between 3 and 18 percent of the value of the estate.
Well, this fully depends on whether the decedent made a will or not. If there is a will, then it named an executor or several of them. These executors are the ones supposed to make an application for probate. If the decedent died intestate, then the intestacy rules will take over and determine who is entitled to apply.
If you are stuck on what to do next, contact us for consultation. You will talk to only the top expert probate lawyer Queens County offers that will advise you on the right procedure of administering the estate.
Yes. The testator can change the will anytime he feels like. He can even revoke the existing will and come up with an entirely new will. This can only be done when he is still alive. However, the new will must follow the guidelines that make the will valid. Once he passes away, the will cannot be revised unless the court grants a request for revision if all the beneficiaries agree to the modification.
The only people who are allowed to contest the will are the ones who have been named beneficiaries or those who have been left out of the will yet are entitled to the property. Any objections to a will begin a will contest. However, you need to know that the contest will make the duration of probation longer than necessary.