Probate Lawyer in Brooklyn NY Helping You Settle Estate Disagreements Stress-Free
It’s never easy to lose a loved one. It’s especially hard when amidst the pain and grief, you’re forced to deal with the logistics of a funeral or the division of the deceased person’s assets. How complicated the process of distributing assets will depend entirely on whether or not your loved one created a detailed estate plan prior to their passing. If they didn’t, it might be a long process before anyone in your family receives the assets your loved one left behind.
There’s also the event in which a family member disputes the will or how the assets are being divided. This can lead to probate court, which is hard and complicated, to say the least. Having a seasoned professional in your corner can allow you to focus more on your family and less on the legal hassles of probate. If you have recently lost a loved one and probate seems like a possibility, reach out to an experienced probate lawyer who will treat you with care while you go through these tough times.
What is Probate?
Essentially, the process that happens after your loved one has passed away that oversees the distribution of their assets is called probate. For example, if your grandfather recently passed away, you will likely have to go through probate in order to receive whatever assets they’ve left you. Probate distributes assets according to the wishes in the will unless a will was not set up. In the event that a will wasn’t created, the assets will be divided however the state sees fit. Probate is often a complex process, depending on the size of the estate and the number of beneficiaries listed. A probate attorney can help you with each step of the probate process, ensuring everything your loved one left behind is being handled how they saw fit.
Why is Probate Required?
While it can seem annoying, probate can actually be a necessary tool when it comes to handling the death of a loved one. Probate was created to ensure the assets of your loved one are distributed properly to the beneficiaries. For the majority of the time, probate is required when the deceased person does not have a proper will and testament. There are also scenarios where an error or complication could cause probate. In the event there is no executor or beneficiaries, probate is required to figure out what should happen with the deceased person’s estate. The probate process can be grueling, but with a trusted probate lawyer handling the bulk of the work, you can relax and focus on taking care of your family.
Why Does Probate Take So Long?
Mention estate planning to anyone, and most likely, they will suggest you do everything you can to avoid probate. Probate is the legal process of ‘settling’ the estate of a deceased person, and it can take months or even years, depending on how complex the estate is and how many beneficiaries are involved. So, why does this process take a year or more? There are several tasks that must take place during probate, and some of them require waiting times, legal notifications, and strict deadlines. In a typical probate proceeding, a bank account for the estate will first be opened so bills can be paid. Next, every heir and beneficiary must be identified, located, and notified. At this point, every asset will need to be identified and inventoried. Taxes will need to be filed and paid, as well as any debt paid off. Finally, the property and assets can be distributed to heirs. As you can imagine, each of these tasks takes time.
The process is not horrible, but you must be patient. A Brooklyn probate attorney can help you through this process, as well as help you put together an estate plan that will allow your property to avoid probate when your time comes.
Can a Brooklyn Estate Planning Attorney Help Me?
The truth is, nobody wants to deal with probate. Unfortunately, many situations require it, and the truth is, it can actually be a very beneficial process in certain circumstances. The Law Offices of Marjory Cajoux knows how complicated probate can be and will handle it for you with love and care as you grieve the loss of your loved one. The Law Offices of Marjory Cajoux have years of experience dealing with probate and probate courts. Whether there’s an argument over who should get what or simply complex paperwork that needs to be filed correctly and on time, the Law Offices of Marjory Cajoux will work tirelessly to make the process as smooth as possible. Call the Law Offices of Marjory Cajoux to set up a no-cost, one on one consultation at 347-464-2317.