Probate Lawyers in New York City
Ron L. Meyers & Associates, PLLC is a probate law firm in New York City. Probate is the legal process by which a will is validated by a judge. During the probate process, a judge will review your will to make sure that it was properly executed, and the judge can address any objections or issues that beneficiaries might raise about the validity of the will. During the probate process, debts and taxes on the estate are paid, and beneficiaries are identified so the estate’s remaining assets (after debts and taxes are paid) can be distributed in accordance with the will.
Who is in charge of taking a will to court to undergo the probate process? When a person writes a will, he or she names an executor in charge of handling these affairs; this person is placed in charge of taking the will to probate. Have you been named an executor of your loved one’s estate? Do you have questions about how the probate process works? Ron L. Meyers & Associates, PLLC is a probate law firm in New York City that can help you navigate the probate process with compassion, kindness, and care.
If your loved one has recently passed away, now might be one of the most stressful times in your life. In addition to making final arrangements, you may find yourself having to take your loved one’s will through probate. If you find yourself in this situation, it can sometimes be helpful to have a probate lawyer on your side, assisting you with the process. Ron L. Meyers & Associates, PLLC is a probate law firm in New York City that can help you with every step of the probate process. Let our probate lawyers guide you through this process.
What is Your Role as Executor in the Probate Process in New York City?
If you have been named executor of a loved one’s will you might be wondering what your responsibilities are. There are several important responsibilities that an executor of an estate has. According to the New York City Bar and the New York City Courts, these responsibilities include:
- The will, along with the death certificate, must be filed in surrogate’s court
- The heirs should be formally notified about the death
- The executor’s job is to account for all property and assets owned by the deceased
- The executor is to pay the deceased person’s taxes, debts, and final bills
- The executor is to review whether outstanding debts are owed to the deceased and work to collect these debts or settle them
- After these processes have been completed, the role of the executor is to distribute property to proper beneficiaries
These are some of the steps that may need to be followed when taking a will to probate. If a loved one has recently passed away and you need to take a will to probate, the probate attorneys at Ron L. Meyers & Associates, PLLC in New York City may be able to help you. Contact us today to get assistance with this process.
What Are Some Problems or Issues That Can Arise During a NYC Probate?
Probate can be a complex legal process and the New York City courts even recommend that executors seek the advice of a probate lawyer when moving forward with this process. Many problems can potentially arise during probate. What are these issues? Here are a few:
- The will’s validity could be challenged. A will must be properly signed, witnessed, and executed in order to be valid. If the will was written hastily, or written shortly before the deceased person passed away, or under circumstances that the heirs find questionable, the will’s validity could be questioned during probate. A will is a legal document, and like any legal document, if it is not well-written, ambiguities and issues can arise. If any of these issues arise, a probate lawyer may be able to help you and your family navigate these challenges.
- Issues of multiple wills. If the will was frequently updated or if there are multiple wills that were created at various points in the deceased person’s life, it will be up to the courts to determine which will is the most accurate, up to date, and valid.
- If creditors are making claims against the estate, this can complicate the probate process. A probate lawyer can review these claims, determine which claims are valid, and work with you and your family to settle or dismiss these claims.
- Executor doesn’t want the role or fails to perform duties. Sometimes the person named executor doesn’t want the role, or cannot perform his or her duties due to illness or due to another reason. If this happens, the court may appoint a person to administer the estate. Having a probate lawyer on your family’s side should this happen can help things run more smoothly. Another issue that can arise is a situation where the family believes the executor is committing fraud or is making costly errors. If this happens, the family may be able to petition the court to replace the executor.
- Missing assets and beneficiaries. Sometimes assets cannot be found. Sometimes heirs or beneficiaries cannot be located. In order to protect the rights of the remaining heirs, a probate lawyer can help you and your family follow proper probate procedures to address these complications.
- Valuation of the estate. Properly valuating the estate is important for tax purpose. A probate lawyer can help you with this process.
These are just some of the issues that can arise during probate. Ron L. Meyers & Associates, PLLC is a probate law firm in New York City that can assist you with the probate process. Our firm can stand beside you and your family every step of the way as you navigate the challenges that probate can potentially bring. We are here to help you during what is likely to be an understandably tough time for you and your family.