The passing of a loved one brings not only emotional distress but also legal and logistical challenges. For families in the state, navigating the probate process can feel overwhelming. A probate attorney at Tully Law Group, PC could guide you through every step of the probate process in Riverhead, offering the guidance and support you need during this time.
Probate ensures that a deceased person’s estate is managed and distributed according to their wishes or, in the absence of a will, according to state law. While the process involves complex legal procedures, we use a tailored, comprehensive approach to secure the best possible outcome. We focus on building strong relationships with our clients, offering not only legal guidance but also care and support for families through every stage of life.
When an individual dies, the court validates the will and helps the executor or administrator settle the estate. This process is known as probate. When a decedent leaves a will, the court must approve the appointment of the executor to distribute the assets. When there is no valid will, the court selects a person to handle the estate. Instead of calling that individual an executor, the court designates them as an administrator.
Administrators and executors serve the same function. However, an executor distributes assets according to the person’s wishes stated in their will, while an administrator distributes assets according to the state’s intestacy laws.
Suffolk County Surrogate’s Court is the local court responsible for hearing probate cases. Although many people may feel intimidated by the idea of going to court, probate courts are generally less adversarial than other court settings. Unless there are disputes between potential heirs or beneficiaries, the probate process is fairly straightforward in Riverhead.
While probate can be straightforward, there are a few common challenges. Knowing about these challenges beforehand can help people plan their estate to avoid them. An attorney could help beneficiaries, administrators, or executors in Riverhead who are left to deal with these challenges during the probate process.
One challenge may be finding the original will. Presenting the court with the original will is the only way to ensure that the court will validate the will. If the original is missing or if the executor can only provide copies, then they must provide evidence to the court explaining why the original is unavailable and prove the validity of the copy. In these cases, the court may treat the estate as if the decedent had died intestate.
Another challenge is identifying and providing notice to heirs and beneficiaries. The administrator or executor has to notify all potential beneficiaries or heirs – not just those mentioned in the will. This can be complicated in families where members are estranged, live abroad, or are difficult to locate. While it may seem unnecessary to notify people who are not listed in the will, failure to do so may lead to legal challenges or delays.
Disputes regarding the legality or contents of the will may also arise. For instance, heirs or beneficiaries may dispute the will’s validity. The three most common allegations include:
Another common challenge is family disagreements over the division of assets. If a decedent leaves unequal shares to heirs, it can lead to disputes. Family members may also disagree about who should get sentimental items. These disputes may prolong the probate process and cause significant damage to a family’s structure.
A lawyer could help resolve these issues and work to prevent any potential conflicts.
At Tully Law Group, PC, we could help simplify the probate process in Riverhead in two ways. First, we could assist testators with writing wills and estate planning to help avoid potential problems. Second, we could help heirs, executors, and administrators navigate the probate process.
Whether you need help managing probate or planning for the future, our compassionate team is here to support you and your family. Together, we could ensure that your loved one’s legacy is handled with care and respect. To learn more about our services, schedule a consultation.
