If you are seeking assistance with Wills, Estates, Probate, Trusts, and Litigation in New York City, you will need an experienced lawyer on your side. Each of these unique legal issues brings a complicated maze that only a qualified attorney can navigate. Here’s an overview of each of these unique issues and how they work in New York City.
Most people know that a will is a document that states how a recently deceased individual would like to have their estate broken up and which family member/friend/organization will receive which items. Few people realize that there are different types of wills, including:
- Self-proving wills
- Holographic wills
- Oral wills
The most common and legally binding will is a self-proving will which is properly signed and filed with an estate attorney. Drafting a will can be a complicated process and having the assistance of an attorney is always a good idea. Not only will the estate planning attorney help with the legal formalities, but they’ll also help everyone understand the tax implications and make sure the will is safely filed.
Estate lawyers exist to serve as professional advisors for individuals working to create a plan for what will become of their money and property after their death. In addition to helping their clients draft wills, and then executing the wills following the passing of the client, estate lawyers will also manage any trust that has been created for the heirs. Hiring an estate lawyer to handle estate administration generally reduces misunderstandings and family squabbles. It also ensures that all tax and legal questions have been resolved before the estate get broken down and distributed to the heirs.
Formal issues an estate attorney helps with include:
- Estate planning
- Drafting wills and trusts
- Administering the estate
After a person has died their possessions, including land and money, become probates. More family arguments break out as a result of probates and who is entitled to which items than anything else. Most legal experts agree that the best way to maintain family harmony and to make sure that the probates are handled in the manner that the deceased party wanted is by establishing a will and assigning an estate lawyer to handle all the probates. If a will has not been established, the issue of how the probates are managed often goes to probate court.
A legal trust provides a person who has recently passed with the legal ability to continue controlling their assets post-death. When it comes to trusts there are many different types the individual can choose to use and each one generally serves a unique purpose. In most cases, an estate attorney handles the trust.
In a perfect world, the wishes of the deceased individual will be honored and the family gracefully handles the division of the property, but the world is far from perfect and sometimes probate arguments involving the trust break out, common arguments involve:
- Whether or not the trust formation was legal
- Differing interpretations of the trust
- Accusations of misappropriations
- That intimidation tactics of deceptive practices were used
- That the will/trust was forged
- Revocation of the trust
If you are navigating wills, estates, probates, trusts, and litigation in New York City, turn to a trusted attorney for assistance.