Manhattan Probate Lawyer

Probate Lawyers in Manhattan

The loss of a loved one can be a time of significant grief. It may be difficult for those who were close to the decedent to know what to do with regard to distributing the loved one’s property according to his or her wishes. If you are concerned about an estate, call seasoned Manhattan probate lawyer Jules Haas about your case. With over four decades of experience representing clients in every facet of probate, from providing advice about an executor’s duties to assisting with legal notices, from representation for claims against the estate to handling distribution of property to beneficiaries, he is well positioned to represent you. 

What is Probate?

Probate is the procedure, overseen by the court, whereby a decedent’s debts are paid and his or her assets are distributed, according to a valid will’s terms. In the course of probate, the court will need to decide whether a decedent’s will is valid and appoint an executor to manage the process. The executor in turn works to get debts and taxes paid and makes sure that those assets left afterward are properly distributed to the will’s beneficiaries or heirs, in the event that there is no will.

Manhattan Probate Process

When a decedent lived in Manhattan at the time that they died, probate of their estate is overseen by New York County Surrogate’s Court. An attorney can provide great assistance at every step of the probate process, whether to an executor or to the beneficiaries of the will. The executor named in the will or a family member or other interested party who wants to act as administrator takes the first step by submitting a petition. The petition specifies the estimated value of the estate, identifies beneficiaries in the will if any, and sets forth the decedent’s next of kin and their contact information.

The next step is for the court to review the petition. In order to give an executor the power to handle the various steps of estate settlement, the court issues “Letters Testamentary.” The executor then inventories the assets in the decedent’s estate and gives notice to creditors and beneficiaries of the decedent’s death. At that point, the creditors, beneficiaries, and other interested parties can make claims on the estate, which can be settled by the executor from the estate assets, which in some cases may be auctioned off for this purpose. The executor will file taxes, as well, before distributing such assets as bank account funds and a Manhattan apartment.

When the court determines that a will is valid, the beneficiaries are entitled to the property that is left them in the will. However, if a will is found to be invalid, rules of intestacy specified under state law will govern how the assets remaining are to be distributed.

Will Contests

In the course of probate, an interested party may file a will contest to challenge the terms of the will that has been submitted to the court. There are a number of reasons that interested parties may bring will contests, including improper execution, lack of testamentary capacity, undue influence, and fraud. Suppose, for example, the decedent’s oldest child believes that a Manhattanite was suffering from dementia at the time he executed an otherwise valid will and that as a result she was disinherited. After his death, during probate, she may bring a will contest alleging lack of testamentary capacity. If there is no earlier valid will, the court may invalidate the will and ask the estate fiduciary to distribute assets according to the rules of intestacy. However, if there is an earlier valid will made prior to the onset of the decedent’s dementia, the terms of that will may govern.

Consult a Manhattan Probate Attorney

After a loved one dies with or without a will, you may need to talk to a lawyer you can trust. Experienced probate lawyer Jules Haas has more than four decades of experience offering beneficiaries, heirs, trustees, estate administrators, interested parties, and executors personalized and attentive legal representation. His firm also handles estate planning, trusts, guardianship proceedings, and Surrogate’s court cases. Contact Mr. Haas through our online form or call (212) 355-2575 for a free consultation.