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Top New Rochelle, NY Probate Lawyers Near You

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New Rochelle Probate Information

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Lead Counsel independently verifies Probate attorneys in New Rochelle by conferring with New York bar associations and conducting annual reviews to confirm that an attorney practices in their advertised practice areas and possesses a valid bar license for the appropriate jurisdictions.

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Understanding Probate

When an individual dies leaving a will, the legal process that takes place is called probate. Probate refers to how an estate is administered and processed through the legal system.

Probate Lawyers

The probate process can be confusing and overwhelming considering the circumstances. A New Rochelle probate lawyer will help with the management of the decedent’s estate, any trusts he or she may have as well as any guardianships or conservatorships in question.

Probate cases often become very detailed and a probate lawyer will help ensure the rights of the deceased are fully protected. Attorneys also have the sensitivity to family dynamics and are knowledgeable in common problems with probate cases.

What is probate?

Probate is the process through which assets from a deceased person’s estate are transferred to beneficiaries, such as spouses, children, and other loved ones. In plain terms, reading a person’s will and distributing the items contained in it is part of the probate process. In some states, probate courts also handle matters related to guardianships and conservatorships of children or disabled adults.

What happens if you don’t do probate?

Without an estate plan in place, the probate process will often still go forward, but it can get messier. Someone who dies without a will in place will often have their assets given to any survivors, even if that would have gone against their wishes. Court battles can unfold among relatives who feel like they deserve more.

How long does probate take?

In a simple case where there are no disputes, and the deceased had a strong plan in place, the probate process of distributing assets and paying off debts may only take a few months to complete. If someone challenges the will or any other part of the estate distribution, it can take much longer.

How can you avoid probate?

If you want your beneficiaries to avoid the hassle of probate, you have several options. You can make sure to name beneficiaries of bank accounts, retirement accounts, and life insurance policies. You could also move your assets to a living trust, which will allow you to access them while you are still alive but will automatically pass to your beneficiaries upon your death.

Best Time to Seek Legal Help

No matter what your legal issue may be, it is always best to seek legal help early in the process. An attorney can help secure what is likely to be the best possible outcome for your situation and avoid both unnecessary complications or errors.

Top Questions to Ask a Lawyer

  • What is the usual process to resolve my case? How long will it take to resolve this?
  • What are likely outcomes of a case like mine? What should I expect?

An experienced lawyer should be able to communicate a basic “road map” on how to proceed. The lawyer should be able to walk you through the anticipated process, key considerations, and potential pitfalls to avoid. Once you’ve laid out the facts of your situation to the lawyer, he/she should be able to frame expectations and likely scenarios to help you understand your legal issue.

Tips on Hiring an Experienced Lawyer with Probate Cases

The more experienced a lawyer is in legal practice, the more likely he/she will be able to bring about a successful resolution to your issue. Since experience matters, lawyers who’ve been practicing law for many years (with a successful track record) tend to be in high demand. You should look for information about a lawyer’s experience and ask questions during the initial meeting. It’s a very good idea to ask the lawyer how many years he/she has been practicing law and the expected outcome of your case.

Common legal terms explained

Personal jurisdiction – Requirement that a particular court have authority over a person, in order to bind that person to the judgment of the court, based on minimum contacts. International Shoe Co v. Washington is a landmark Supreme Court case outlining the scope of a state court’s reach in personal jurisdiction.

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