by: Tehila Mörtl
Like physicians specializing in providing for specific areas of medicine, lawyers specialize in distinctive capacities of the law. While offering dozens of services, there are a number of reasons why one would find it necessary to hire a Probate Lawyer in New York; also known as, Estate Litigators, Probate Litigators or Estate and Trust Litigators, that we would like to discuss today. What many might not realize is that probate lawyers not only guide heirs through the courts probate procedure but, assist in preparation of wills and can act as the executor of one’s last will and testament for a nominal fee. Bearing in mind that no state requires one to hire a probate lawyer in the event of a will being attested, doing so can prevent costly errors by those not trained in such laws. Other circumstances under which Advise & Protect Senior Care Consultants recommend that our clients acquire legal representation include:
- Lack of verbiage clarity in a will
- Administration of estate
- Dispute of debts or if the estate contains insufficient funds to settle debts
- Contracts not completed
- A spouse challenging what they believe is community property that has been bequeathed to another individual
- Complex tax situations and how to minimize estate taxes
- Need for guardian appointment in such cases as substantial amount of funds and/or property left to a minor
- Transfer of real estate title
- Trust planning including Living Trusts
- Designation of Power of Attorney
- Securing both probate and non-probate assets
- Attaining date of death values and appraisals of property to be disbursed
- Collection of life insurance benefits
- Providing assistance with retirement plans, IRAs and 401(k)s
- Dispute resolution of beneficiaries
- Prepare and file decedents final tax return
In the event of a terminal illness, one might wish to handle issues prior to their demise; however, if an elder’s passing occurs suddenly many probate issues can present difficulties for heirs. Worse yet is when an individual passes without a will in place, which is referred to as being intestate.
When making the decision to hire a probate lawyer in New York, one should understand they have a number of options. For instance, those dealing with a simple estate might find it sufficient to consult a Probate Lawyer in New York to obtain advice and have documents reviewed. On the other hand, Advise & Protect encourages clients who are unfamiliar with probate procedures and dealing with more substantial estates to secure legal services. By reviewing your particular situation and needs, our senior care consultants can refer you to the lawyer best qualified to handle your case.
In regards to cost of services, lawyers typically utilize one of three billing methods:
- Hourly rate
- Flat fee
- Percentage of the estate assets value
You can discuss with your lawyer preferred method of billing and establish hourly rate or flat fee, when payment is due, etc.
Upon establishing each individual’s situation, Advise & Protect will provide referrals to professional, experienced and caring Probate Lawyers in New York at no charge. Please call 646-820-9202 today to discuss your personal needs with one of our Senior Care Consultants so that we may provide a referral to an elder law attorney who best meets your needs.
Meanwhile, should you have experience or information you would like to share, which might be of benefit to our other readers, please do not hesitate to contact us directly.