New York Will Probate Lawyer
A New York Probate Attorney Discusses a Will Probate
Often people believe that if they pass away with a will, their estate will not go through the probate process. This is not the case. When a loved one passes away, their will needs to filed with the court and a probate case opened. During the probate process the estate is administered, which means that the assets of the estate are accounted for, any estate expenses are paid, and the assets are distributed to the heirs. Many people do not realize that even with a will in place, a Will Probate can become lengthy and complicated. It is not uncommon, for instance, for a disgruntled family member to come forward and feel that the estate is not being administered properly, or contend that the will is invalid. If you have lost a loved one, it is important to ensure that your rights are protected, and that your loved one’s wishes are honored. Speak with a skilled New York Probate Attorney from Stephen Bilkis & Associates, PLLC for advice and guidance.
When a loved one dies, someone acting on behalf of this person (usually the executor), will come forward and file the decedents will, death certificate and other estate documents with the court. Usually an executor is appointed by the decedent, prior to their death. If an executor was not appointed, the court will appoint an administrator, who will oversee the court affairs.
In a Will Probate, the will is presented to the court, and its authenticity will be confirmed. The judge will officially appoint an executor. This person is given full authority to handle the estate property and bank accounts. This person will have three primary functions, to collect and inventory estate assets, pay any debts of the estate, and transfer estate property to the beneficiaries.
During a Will Probate, it is not uncommon for a Will Challenge to arise. Some common contentions in made in a Will Challenge can include allegations of forgery, undue influence, mental incapacity and improper execution. If you are involved in a Will Probate, whether or not a will challenge arises, it is important to seek legal guidance to ensure that your rights are protected.
Speak with a skilled New York Probate Attorney from Stephen Bilkis & Associates, PLLC. We will provide you with valuable legal guidance and a free consultation. We have office locations in Suffolk County and Nassau County on Long Island. In New York City, we have offices located in Manhattan, the Bronx, Brooklyn, Queens and serve Staten Island and Westchester County. Call us today and arrange for your free consultation at 1.800.NY.NY.LAW.