When a person dies leaving a Will behind, the legal process that takes place afterwards is called Probate. Probate law varies depending on state and the laws within each state are subject to change. The Probate process can be a long or a short one depending on complexity and issues arising with the Will. Some common issues that may occur include:
1. Not Knowing If You Need To Probate Loved One’s Will
In many cases, some families do not know how to proceed with a Will. Before a Will has any legal effect, it must be admitted to Probate. However, a Will is only required to be probated when the decedent died possessing assets valuing $30,000 or more. In some cases, when the decedent only owned real estate, probate might not be necessary. To avoid any confusion, seek an experienced Probate Attorney.
2. Contesting A Will
A Will contest is a formal objection raised against the validity of a will. A person making a Will must be competent to do so (not under any influences or fraud), and must be doing so of his or her own free will. In most cases, Will contests are usually focused on the assertion that the Will does not reflect the actual intent of the testator. If a Will is being contested, the services of a Probate Attorney will likely be needed.
3. Disagreement Amongst Beneficiaries
With families that own large or undivided properties, it is common to designate joint inheritances to beneficiaries. But, issues can arise if the parties disagree on what to do with that inheritance. In cases such as this, a Probate attorney can help you to understand the possibilities and come to a solution.
4. Taxes Involved With Wills
When someone inherits property, there are taxes that must be paid in order to transfer ownership of that property to the beneficiary. The ownership title will not be passed until this tax is paid. A Probate attorney can help minimize the tax that must be paid by drafting a Will that reflects state laws.
5. When A Will Has Been Lost
If your loved one dies without a known Will, his or her assets will go to the state to be determined how it will be divided, in accordance to state laws. If you believe your loved one had a Will but it cannot be found, a Probate attorney can help you explore the legal options available. The attorney can also advise you on the process of probating a lost will.
To ensure a quick and efficient probate process, you’ll want to have an experienced probate Attorney on your side. Contact Attorney Inna Fershteyn today at (718) 333-2394.
Law Office of Inna Fershteyn and Associates, P.C.
1517 Voorhies Avenue, Suite 4
Brooklyn, NY 11235