Queens Probate Lawyer

Queens Probate Lawyer to Represent You

Probate is a court-supervised process whereby the estate of a decedent will be overseen by the Surrogate’s Court and handled in accord with a valid will or New York law. This process can be complex and time-consuming, and when disagreeing loved ones are involved, whether as interested parties, beneficiaries, or serving in the role of executor, it may be emotionally fraught. If the decedent was living in Queens at the time of death, you should consult and retain a seasoned Queens probate lawyer. Jules Haas has more than four decades of experience representing clients in all aspects of probate. He represents interested parties, beneficiaries, executors, administrators, and others.

Steps of Probate

The first step of the probate process is to file a probate petition with the Queens Surrogate’s Court. You’ll need to include the original will along with a death certificate. In response to the petition, the court will issue letters testamentary, which will give legal authority to the named executor of the will to handle estate settlement according to the terms of the will. When there is no will, an administrator will be appointed, and state law will be followed.

Next, the executor will need to collect all the estate assets. This includes all of the decedent’s property including investments, bank accounts, real estate, and personal property, but does not include accounts with named beneficiaries such as life insurance policies.

Depending on the circumstances, the estate assets may need to be sold or auctioned for the purpose of paying off debts and taxes or distributing assets. The executor will need to petition the court for permission to conduct a probate sale. For instance, if numerous creditors make a claim on a smaller estate, there may not be enough liquid assets left to distribute to all of them or to the beneficiaries; in such a case, a sale might be proper. Selling assets would also be appropriate for example, if multiple beneficiaries were to be receive the decedent’s house, but the beneficiaries don’t want to live together on that property. Similarly, if the decedent died intestate and there are multiple heirs for the same parcel of real property, a sale may be appropriate. The Queens Surrogate’s Court may ask an appraiser to determine the property’s value. Notice of sale may be published in the local paper, and the property may be sold or auctioned off.

The executor must also give notice that the estate is in probate to beneficiaries and heirs so that they can make claims as appropriate. Debts may take the form of car loans, mortgage payments, credit card balances, real estate taxes, medical expenses, and funeral costs, among others.

Challenging a Will

During probate, there may be challenges to the will. For example, if a beneficiary receives notice that the estate is in probate and discovers that he was bequeathed less of his grandfather’s money than in a prior will and his grandfather’s doctor was bequeathed more money in the current will, the grandson may wish to contest the will that is being probated. There are various grounds under which the grandson could file a will contest: lack of testamentary capacity, undue influence, fraud, forgery, and failure to follow formalities. For instance, if the grandson could prove that the doctor had lied to the grandfather in order to get him to change his will, it might be appropriate to allege fraud or undue influence.

An executor has serious fiduciary responsibilities when handling probate matters, which is one reason it can be crucial to retain a knowledgeable attorney. For instance, an executor can be held responsible for defrauding beneficiaries or engaging in self-dealing by distributing assets to himself without court approval. These acts would constitute a breach of fiduciary duty.

Consult a Trustworthy Queens Probate Lawyer

Queens probate attorney Jules Haas can bring to bear more than four decades of experience on your case. He offers personalized and attentive legal representation to interested parties, beneficiaries, heirs, trustees, executors, and estate administrators. He also handles estate planning, trusts, guardianship proceedings, and other Surrogate’s court cases. Through careful and thoughtful estate planning, there are ways to avoid probate that a testator can take advantage of before death. Contact Mr. Haas through our online form or call him at (212) 355-2575 for a free consultation.