When an individual prepares a last will and testament, it is not automatically accepted to be valid. It goes through a verification process called probate. Probate Court, or what is usually known as Surrogate’s Court, administers the verification of the will. Why is it important to seek the counsel of a Bronx County Probate Lawyer?

• An estate and probate lawyer understands what conditions need to be met in order for a will to be considered invalid. Simply downloading a will template from Google and filling it out will not stand in court. You need the appropriate witnesses, a notary, and several other requirements to ensure the last will and testament will be held valid.
• Due to the fact that the involvement of a probate lawyer during the preparation of the will can increase your chances of avoiding the possibility of a will contest, you inevitably save time and money by avoiding months of depositions, attorney fees, and court time.
• Suppose the court deems the will to be valid and accepts the appointed executor. A probate attorney can guide the personal representative through the many steps that take place in probate such as identifying the beneficiaries and creditors, paying off an outstanding liability of the decedent’s estate, managing the property within the estate, and transferring over the assets and property to the rightful heirs.

The possibility may also arise where you sense there was foul play during the preparation of the will. Perhaps the decedent was not in the right state of mind when they had the will done or were influenced and coerced by a third party to have specific clauses outlined within the will.  You have every right to challenge the validity of the will. If you are named in the will, you also have the option to challenge the appointment of the executor because of their unlawful or inappropriate behavior. Our law firm can represent you during a will contest. We have experience in 1404 depositions, will contests, and estate ligation to ensure you have an aggressive legal team on stand by ready to plead your case.

Bronx County Will & Trust Lawyer

The best way to succeed in probate court as the grantor is to avoid probate court entirely. Wills do tend to be less expensive then a trust, but with a trust you avoid the probate process entirely. Among that benefit, you are also able to save on estate taxes when a trust is prepared properly.

At Mishiyeva Law, PLLC., we concentrate our legal efforts on not only in the area of probate law, but we also practice elder law, estate planning, estate administration, trust and will preparation, and Medicaid planning. Would you like to set up an appointment for a consultation? Call us at (646) 535-1667. Located on 85 Broad Street 18^th Floor, New York, NY 10004, we are happy to serve the great community of Bronx County.