Qualified Probate Attorney Ulster County

Small estate laws were enacted in Ulster County to allow the heirs to receive property that the decedent wanted them to have without the need for a probate process. Therefore, you can avoid the Ulster County probate process entirely or shorten it if there are conditions that you meet.
For one, you don’t have to go to probate when the estate’s total value is less than $150,000 and any claims against the estate have already been met.
Talk to a probate attorney in Ulster County to understand where your property lies – whether to go for probate.

Filing an Affidavit

You need to file an affidavit with the probate clerk in the county where the decedent lived, in this case, Ulster County. This affidavit needs to be filed by anyone receiving proceeds from the estate under contention.
The affidavit must state that the conditions that categorize the estate as a small estate are actual.
After the affidavit has been filed, the clerk signs it and gives you copies. These copies can be given to various financial institutions or any entity that is a party to the process. If you are far from the court, you can engage a probate attorney, Ulster County services, to help you file the affidavit correctly.
One of the best ways to handle small estate probate in his county is to work with an Ulster County probate lawyer that understands what you need.
After you have a lawyer with you, you have to follow a few steps to make things work for you:

Complete the Affidavit

You must complete the affidavit you filed with the probate clerk. One or more heirs should do completion of the testimony. You then need to file the affidavit with the clerk. You might have to pay some money for the filing.

If other people are interested in the property, you might wish to know if they have an interest in the property. If they don’t, they might have to sign a waiver whereby they waive the interest in the property. Then, you need to file the release with the affidavit.

If you stay out of the state, you must contact other beneficiaries. A probate lawyer in Ulster County can assist you in getting to them and having them sign the waiver.

Notice of Publication

Since the estate doesn’t have any real estate property involved, you need to file a notice in the newspaper so that any creditors have a debt with the decedent to come forward and lodge claims. If you are an executor placing the information, this is one cost you must note. Once the notice has run, the newspaper will send you a note showing when the news ran and Fran how long it took. You need to file this note with the probate clerk so that no one will say they didn’t receive the message. Additionally, if there are other potential heirs, you must send them a copy of the information.

Deed of Distribution

After the previous steps are done, and once the waiting period has elapsed, the heirs will get the authority to issue a deed of distribution for the property. They also need to deliver a notice detailing the ownership transfer of the property in the county where it is located.

However, this is not always the case, and you must be ready for any eventuality. With an Ulster County probate lawyer working closely with you, you must follow their advice, and you will be good.

Will Contests: Avoid them When You Can, and Stay Safe When You Cant

Not every person will be happy with the will that the decedent left behind. The justly inherited child, the illegitimate child, or the person who depended on the decedent for daily survival. The spouse might be outraged at the gift left to the decedent’s longtime friend.

In short, the decedent and intended beneficiaries are all human – they have their frailties and can change their tune anytime.

As probate lawyers in Ulster County, we understand that flaws are there, and regardless of what happens, we owe you competent legal representation. In this context, we help you draft legally-binding documents, but we make sure these documents will help you dispose of your assets correctly when the time comes.

Types of Will Contests

We have seen many types of will contests, and we have seen them fail and some succeed. When it comes to will contests, we have categories categorized four broad categories:

Issues with the Will

An interested party can contest the probate of the will or the validity if they assert that:

• The will that has been in the will is ineffective in whole or part.
• Another new will hasn’t been presented in the petition as the decedent’s will.
• The decedent agreed to die intestate.

Due to this, there are various scenarios that we come across in Ulster County that require litigation. As to eveHowever, as a scenario, simple tips can help you avoid a fight in court.

Contracts to make a Will

This is the first scenario we have seen as we handle family cases. The husband tells the wife that when she survives, she gets everything, but when she passes on, everything goes to the kids. But, unfortunately, such contracts aren’t binding in modern society.

In such a case, a probate lawyer in Ulster County reviews and inspects any previous wills and concludes whether the contract exists.

Another dispute arises when the caregiver, who became family, alleges that the decedent promised her the house when he passed on. Again, the situation is easy to defend in such a case because most of these promises are usually oral.

This is why we advise our clients on their promises to those close to them yet not related. But unfortunately, while the case might be simple, the process makes everything long and complicated.

In another case, the decedent has an obligation – usually included in the divorce agreement – to provide a specific benefit to the children of a previous marriage or an ex-spouse in the event he passes on.

When this happens, we usually inspect a previous divorce agreement, especially those concerned with a support obligation.

These theories challenge the validity of a will and make a probate process drag on for years. This is why we devise a way to handle the process and make everything work out best.

Lack of Testamentary Capacity

For a will to be admissible to probate, the decedent must have drafted it when at least 18 yeast or legally married and be of sound mind. 

• The decedent understood the nature of the act that he was to get engaged.
• The person should know the extent of the property before he comes up with the will. He should know what effect the document will have on these assets.
• Understand the claims of those that are or might be the beneficiaries of the property.
• Understand the scope and effects of the document on his family and the people close to him.

To this end, we shall ask you various questions when you come to make a will in our office:

• Do you know why you are in the office in the first place?
• Do you know the role of a will in disposing of your assets?
• Do you know what you own and the fact that the will controls the way the property is handled when you pass away?
• Do you know what you own?
• Do you know where the assets you own are located?

We use the answers to these questions to determine whether you have a case. We will then advise you accordingly.

Undue Influence

One of the biggest litigations comes through all we do due to undue influence. This is where the litigant establishes that the decedent had a relationship with a person being granted property when in the real sense, they weren’t supposed to receive any.

Pointing out the case of undue influence is easy – you must show the court that the will deviates from the norm. Usually, we look at the relationship between the decedent and the person with the disproportionate share and how it led to the influence.

What to Do When a Challenge Comes Your Way

As an executor, you need to be ready for any eventualities. When you get a challenge to a will admitted to probate, you must enlist probate attorney Ulster County services to handle the will litigation. The lawyer you work with has previously taken and dealt with the process.

Meeting with Your Probate Attorney Ulster County

Whether you are meeting your Ulster County probate lawyer for the first or second time, you must understand that working with them differs from working with a typical lawyer. Such consultation involves much more, and you must be prepared to meet all the expectations. Some probate attorneys give you a list of what you must carry to the meeting, while others leave it up to you to decide what to bring along.

The purpose of this initial meeting is to assist both of you in obtaining the information and advice needed to handle the probate proceedings. Sound preparation ensures that you make good use of the appointment. Here are some tips on what you should do before and during the meeting:

Write Important Information Down

Just as you would for any other appointment, note down your questions, so do not forget to ask them. During the meeting, write down any critical answers that the lawyer provides.

If there is anything you need to inform the lawyer, write it down as well. Do not withhold any information, however, embarrassing it may be. The attorney must keep the information confidential and share it with the court only when necessary. Some of the tOn the other hand, some information you consider too trivial may be essential for the case.

Make Soft Copies of the Documents

The probate lawyer will expect you to provide copies of the estate documents and any other documents provided by the court. It would be best if you did this during the initial consultation.

Since you do not need to give them the original documents, make sure you photocopy each of them. You can also scan the documents and send them to the lawyer before the meeting. This allows the lawyer to review the papers and advise if any is missing.

Find out the Mode of Payment

Some lawyers do not charge you for the initial consultation. Others do. Find out how much you must pay before getting into the meeting. Carry some cash and your bank cards or checkbook, depending on the mode of payment preferred by the lawyer.

Do not wait until the meeting has ended to find out the charges. You need to know the costs and prepare the payment beforehand.

Understand the Agreement before Signing

The lawyer may use this meeting to discuss their terms of service. If you are happy with the words, you must sign an agreement outlining the contract terms and your obligations to the lawyer.

Do not do the agreement unless you clearly understand the terms. Read through it and confirm that it outlines everything about your engagement. Point out what is missing and give the lawyer time to make the necessary revisions.

Be Responsive

The Ulster County probate process involves several deadlines. After the initial meeting, ensure you perform all the actions as instructed. Do not wait for the lawyer to follow you up. If some documents need to be prepared, work with the lawyer to prepare them before the court’s deadline.

If you need to provide more information after the meeting, do so as quickly as possible. Invariably, however, always consult the attorney if you do not understand some requirements.

Why Choose to Work with Us?

Most individuals in Ulster County always wish that they could have control over what happens to their assets once they pass away. They desire to see the estate distributed to the proper beneficiaries using the correct procedure. This can be achieved, but only to a certain level.

For estates with many beneficiaries, having a plan while still alive is the only way out. For estates where disputes are involved, probate is the only way out.

As a law firm, we provide affordable options to help you tackle probate issues more efficiently. In addition, we offer you the necessary support during the probate period until a favorable resolution is reached.

So far, we have assisted several clients in the county with administering their estates – whether through testacy or intestacy procedures. However, simultaneously losing a loved one and probate can be difficult. Therefore, we represent representing you at the probate court to ensure that the affairs associated with the decedent’s estate are completed as quickly as possible.
Although there are other probate firms, we have successfully remained at the top of the rank because of our unique strategies and solutions. Some of the advantages of hiring us include the following:

We Prioritize Your Needs

Our solutions are customized to fulfill your interests. We always make the necessary adjustments to fit your availability and schedule. As a result, we can always meet you at a convenient time – including on weekends.
We use strategies that have been tested and proven to be working. Therefore, whatever solutions we recommend to you have a high possibility of success. We have used them in previous cases, yielding 100 percent positive results.
Our team is trained to give you adequate attention and care as required. Before we start working on your case, we take the time to research any procedures and legalities involved. Doing this ensures we do not complicate things for you and your family.

We are Ulster County Probate Experts

We possess a track history of handling probate cases in the county. Our clients love our services because of our exceptional work standards. We offer you the proper legal knowledge to guide you in making decisions.
Each member of our team is highly experienced in probate matters. We are always dedicated to offering you the best solution for every situation. When not working on a client’s case, we research any changes and updates in probate regulations within the locality.
We do not rush into making recommendations about your case. However, we always want to ensure we offer the right solution to any challenges you may face.
Some of the specialized probate matters that we may help you resolve include, but are not limited to:

• Resolving any debts left behind by the deceased
• Distributing the assets to the legal heirs
• Handling taxation issues
• Advising you on ways to protect the estate during probate
• Transferring property titles once probate is concluded.

We Identify the Uniqueness of Each Case

We understand that every case presented to us poses some level of uniqueness. However, we also appreciate how each point is essential to the client. Therefore, when you walk into our office, you can be sure your situation will care for the urgency and seriousness it deserves.
We do not give some clients priority over others. We have enough professionals on our team, and each is equally capable of handling any case. We leverage the ability of our attorneys to meet your specific needs.
We aim to make the complex probate process more manageable for your family. Therefore, we offer you the right solution and ensure that it is the best.

We Deliver Results

The outcome of probate can be positive or negative depending on how you carry out the entire process and how well you are represented legally. Besides focusing on your needs, we ensure that the probate court’s final decision favors the deceased’s interests.
Our firm has a history of winning even the most complex probate cases. As a result, our clients are often assured of positive results. We have a few testimonials from the past that we can share with you.

We maximize the possibility of a positive outcome by personalizing each case. Once you sign an agreement with us, we support you and can never hand you to another person. This is one of our firm’s policies.
We are good at coming up with creative strategies when handling probate proceedings. We understand that every situation needs to be taken with a unique approach, which assures our clients of a win.

We are good at Handling Legal Claims.

We aim to secure your assets from legal claims. These are common in most probate proceedings, and if not handled with care, they may distort the whole probate process.
Our probate attorneys in Ulster County are best equipped to guide you through the most complex contests and claims. We make use of the guidelines in the will to counter these contests. One of our duties is to ensure that the court’s ruling favors the beneficiaries over other interested parties.

We Respond Quickly

Our firm’s policy does not allow us to keep our clients waiting. Once However, once to represent you, we will do our best to ensure you can easily reach us. We have all the information you need at our fingertips.
We provide instant responses to your questions and concerns. We also do our best to ensure you are comfortable and satisfied with our approach.
We understand that the legal procedures associated with probate can be confusing. That is why we make you know what to anticipate from the proceedings early enough. In addition, we meet with you occasionally to update you on the progress of your case, as we also ensure that you are prepared for any outcome of your case.