Guide to Finding New York Probate Lawyer

If a loved one recently died, you may have been told that you need a New York probate lawyer. You may, however, only have a faint idea of what NY probate lawyers do or what the probate court is involved in. This guide will help you understand the role of New York probate lawyers and help you decide if you need a NY probate lawyer to assist in handling a deceased person's estate.

What is Probate?

Your New York probate lawyer can help to explain the probate process to you. In brief, probate refers to the legal aspects of distributing the estate of a deceased person. NY probate lawyers must navigate the complex rules of the New York probate system. Trying to understand the probate system without first hiring a NY probate lawyer can prove difficult or impossible—if you have been named the executor of an estate, it is important to find a New York probate lawyer who can assist you with the process.

Probate is designed to enforce wills and make sure property is distributed in accordance with the person's will as well as the state laws of New York. Your NY probate lawyer can explain to you the kinds of probate proceedings you may need to go through. New York probate lawyers will work to certify the will as an official document, so your loved one's wishes are carried out.

If There Is No Will

If your loved one did not leave a will, finding a New York probate lawyer may be important to make sure that the estate is handled correctly. NY probate lawyers know the laws in New York regarding who gets what when estates are distributed, and you can consult with a NY probate lawyer to better understand how your loved one's property will be distributed.

New York probate lawyers can help to figure out what may need paid from your loved one's estate and how much money will be left over after all claims against the estate have been filed. Trying to figure out the legal paperwork involved in these claims can be difficult, so hiring NY probate lawyers can be a good way to lessen your burden as executor.

Will Disputes

Sometimes, family members cannot agree on what version of a will is valid, or have a dispute about the executor's distribution from the estate. New York probate lawyers can represent you in estate disputes. Your New York probate lawyer will argue your case to give you the best chance of winning the dispute. If you believe your loved one was forced into writing a will, or that a will is fraudulent, NY probate lawyers give you the best chance of proving fraud in a court of law.

In many cases, your New York probate lawyers will argue against another NY probate lawyer for a different relative in a will dispute. Finding the right NY probate lawyers to represent you is important if the other party in the dispute had already retained a New York probate lawyer.

Living Wills

If you are facing an illness or advanced age, you may wish for a NY probate lawyer to help you write a living will that will hold up in courtrooms and hospitals. New York probate lawyers can draft a living will that takes your wishes into account, and your New York probate lawyer will explain your options for writing a living will.

NY probate lawyers can also assist you with telling your family members about your living will, and your NY probate lawyer will explain anything that is difficult to understand. If you try to write your living will without New York probate lawyers to assist, your wishes may not be made clear enough. Going through the process with a New York probate lawyer ensures that you will be understood.

Finding a NY Probate Lawyer

If you know that you need a New York probate lawyer, the search itself can be confusing or overwhelming. Many NY probate lawyers advertise on websites or billboards—which one should you choose?

Finding New York probate lawyers in your area can be as simple as asking for a NY probate lawyer with the New York state bar's lawyer referral service. The referral service is free, and when you call, you can discuss your need for a New York probate lawyer. The trained personnel on the other end of the line will give you contact information for NY probate lawyers near you who can meet your needs.

Each NY probate lawyer who uses the referral service will give you a $35 initial consultation. This allows you to look at several New York probate lawyers and decide for yourself which New York probate lawyer suits you best without costing too much. Finding the right NY probate lawyers will make handling an estate significantly easier, so you may want to set up several NY probate lawyer consultations through the referral service before you make your choice.

You can also use the state bar's website to investigate any New York probate lawyer you meet with. While the vast majority of New York probate lawyers have flawless ethics records, checking your NY probate lawyer against the list of ethics complaints can help you come to a final decision and feel peace of mind.

Your First Consultation

At your first consultation with a New York probate lawyer, you may have a number of questions. Write down these questions before your NY probate lawyer consultation so that you don't forget any of them during your visit. You should also bring along a pen and some paper so that you can write notes about each of the NY probate lawyers you consult with.

New York probate lawyers are required to keep all information you tell them confidential—even at an initial consultation, and even if you do not hire them as your New York probate lawyer beyond the initial visit. This means that you can talk freely to your NY probate lawyers without fear that your confidentiality will be breached.