Probate process is the legal procedure through which a Will is validated by a court of law. When you leave this earth, all property and asset you leave behind will have to go into someone else’s custody or ownership and for this to happen, there are legal processes that must be followed. This legal process is what is known as probate, and hence an attorney specifically trained in this aspect of Law in Long Island is known as a Probate Attorney Long Island.
With the Probate attorney long Island probate process can won’t get too lengthy
Complex and difficult. Things required to initiate a probate in this city include a formal petition, notification of all affected parties and family members, the Last Will of the deceased, witness affidavits, etc. And the legal procedure followed will depend on whether or not there is an available and Valid Last Will of the deceased. In the absence of one, the probate gets even more complicated. Contact a probate lawyer today.
Probating is carried out in any Surrogate’s Court within the state where the deceased lived or owned properties, and there are such courts in Long Island. The court action will be guided by two sources of law, viz: Estates, Power and Trusts Law (EPTL), and the Surrogate’s Court Procedure Act (SCPA). Along with the individual court’s judicial principles, these sources of law are what binds the probate process of Long Island.
Probate process is different across the various states within the federation and as such, when you find yourself involved in a probate process as a resident in Long Island, you definitely need the legal guidance of a Probate Attorney Long Island because of his expertise and experience in handling probate matters according to Long Island laws. As an executor of a will or even the writer of the will, you have to follow all legal principles binding this territory in order not to make a wrong step that would go against your best interests. E.g signing a will in ignorance of the requirements for signing a will in Long Island; or bringing the wrong documents to a Kinship Hearing in the Surrogate’s court.
And as well, in the absence of a valid last will or in a case where the will is said to be invalid by the Surrogate’s Court, the estate will be declared as intestate. Procedures for intestate laws vary across different states, and a Probate Attorney Long Island would explain this to you. You may live in one state and a decedent in Long Island named you as the executor of their will. You cannot use the same laws that apply in your state in managing the estate affairs in Long Island. To avoid making such mistakes, head on and contact a good and empathic Probate Attorney Long Island to guide your actions.
In a case of intestacy (i.e absence of a valid Last Will), the court may decide to name the decedent’s next of kin as the lawful estate administrator, and then, all necessary information about this person must first be produced. It is not always an easy thing providing such information as such a person may be far away or a distant relative. Someone else among the family members may even argue to be of a more rightful position to be considered as the next of kin. The will may also be contested, wherefore some parties purport the will to have been influenced by bias, mental retardation of the decedent, or even duress. Such disputes are held in a Kinship Hearing in the court, and all dissatisfied persons will each present their testimonies as well as documents to prove their relationship with the deceased. If you’re one of such persons, please kindly seek and hire a Probate Attorney Long Island to fight for and protect your interest.
The Probate Attorney Long Island
Also offers services such as settling of estate debts and bills, estate planning, writing of wills, distribution of assets among beneficiaries, etc.
Hurry now and contact a trusted Probate Attorney Long Island today!