Joseph N. Yamaner and Associates

Jan 17, 2024

The loss of a loved one is a deeply personal and emotional experience. In the midst of the grief, however, there are, unfortunately, legal and administrative responsibilities that must be addressed: but a probate lawyer can help. What is a probate lawyer? Probate lawyers specialize in guiding families through the legal and administrative procedures involved in settling the estate of a deceased love one.

What Is a Probate Lawyer?

A probate lawyer’s responsibility generally is to guide you through the probate process. From filing the will to notifying all heirs and creditors, a probate lawyer makes sure that every step is taken correctly and efficiently. They are also skilled at interpreting Wills and New York laws, and explaining how the two interact. They can decipher the legal language of the Will and advise you on its implications, so you can both understand it and keep to any required terms.

But probate lawyers can also manage estate assets, assisting the executor of the estate with tasks like locating and inventorying assets, paying debts, and handling financial transactions related to the estate. If disagreements arise among beneficiaries or challenges to the Will are presented, a probate lawyer can help in court and advocate for your position.

Perhaps most importantly, a probate lawyer offers empathy and understanding because they understand what a difficult time clients are going through after the death of a loved one. Their job is to shoulder much of the burden and guide you through the legal process with compassion.

Is a Probate Lawyer an Estate Planning Lawyer?

Estate planning happens before a death, when a person is planning how to deal with their assets, whom to leave their possessions and money to, and expressing their wishes for things like end-of-life care and funeral arrangements. Probate happens after a death, when the Will and other documents crafted during the planning stage are legally enforced.

Lawyers with experience and understanding of New York estate and inheritance law may work either in estate planning, or as probate lawyers, or, very often, offer both services. It can be a smart move to work with a lawyer able to both assist you in both estate planning and with probate.

New York’s intestacy laws require that the state control asset distribution when there is no Will, and what the state chooses to do may not be at all what you want. Working with an experienced lawyer can ensure your loved one’s assets reach their intended recipients while minimizing tax burdens and avoiding potential family disputes during the planning stage; and once it’s time to enter probate and execute the Will, you’ll be working with someone you know and who understands the deceased’s wishes, and the Will, perfectly.

Why Hire a New York Probate Lawyer?

The probate process is very complex. A probate lawyer can handle the paperwork and legal procedures, freeing you to focus on grieving and supporting your family. Their expertise ensures your loved one’s wishes are respected and the estate is handled according to the law. They can also anticipate potential problems and help you avoid legal complications.

The whole probate process is likely to go much more smoothly and be finished much more quickly when you have a qualified legal expert with you. To work with an experienced estate and inheritance lawyer in Rego Park, Queens, New York and all surrounding areas, contact Joseph N. Yamaner and Associates.