In today’s world, every person owns some assets, including real estate, bank accounts, or any other properties. When the person dies, the distribution of the decedent’s assets to the beneficiaries takes place through probate court. If the person passes away without a will, the court will distribute the assets according to the state’s probate laws. However, it can sometimes prevent the deserving person from getting the right share. Therefore, it is always essential to have a proper estate plan to ensure the appropriate inheritance of your assets to your loved ones. The Long Island Probate Attorney can help you make a proper estate plan to ensure that hard-earned gets adequately distributed after your demise.
Understand The Will With Long Island Probate Attorney
Before understanding what will is, you need to know what probate is. Probate is the legal process by which the distribution of the deceased person’s assets takes place through the court. The will is a legal document that states the intentions of the person about how he wants to distribute his assets to the heirs after his demise. If the person dies without a will, there can be conflict among the family members to get their share from the wealth. A will includes the details of your assets, beneficiaries, and the executor. An executor is a person who sorts the assets after the death of the owner. You can choose any trusted person as the executor.
However, creating a will is not as simple as it looks. It requires in-depth knowledge of the probate laws in your state. You must always hire a Long Island Probate Attorney to make a Will. He/she can help you to make a perfect will according to your requirements.
Role Of Executor In The Probate Process
The executor is the person who is responsible for the proper execution of the will after the death of the owner. However, there are a lot of roles and responsibilities associated with executors. Therefore, you must always choose a responsible person as the executor of the will. If the person dies without a will, then the court will appoint a family member as the executor having the most interest in the assets of the deceased person. The primary job of the executor is to present the will to the court. The assets of the person will not pass to the beneficiaries itself. Someone needs to submit your wills and the other required legal documents to the court.
The second role of the executor is to pay all the liabilities of the deceased person. Every person left with some liabilities during his death, like credit card bills, loans, or other debts. However, it is not easy for a single person to locate all assets and liabilities of the deceased owner. You can seek help from a professional lawyer that can help you in the whole probate process. After clearing the debts, the executor will distribute the assets to the beneficiaries according to the court’s judgment.
Why Do You Need A Long Island Probate Attorney For The Probate Process?
Probate is a multi-step process that can take a lot of time. An executor can’t complete the process without any professional guidance. Therefore, you must always consult a Long Island Probate Attorney to help you in the process. He/she can help you save a lot of time and money that you have to pay in the form of taxes without the right knowledge.
What Happens During Probate When The Executor Predeceases The Decedent?
It is a sad reality that death can come anytime unexpectedly. If the executor mentioned in the will dies before the owner, then complications can arise. Therefore, you must always specify the backup executor(s) in your will. If the primary executor dies, the backup executor can ensure the proper distribution of the deceased person’s assets. If your will doesn’t contain the name of any backup executor, then you must amend it now with the help of Long Island Probate Attorney to appoint a backup executor(s).
However, if all the executors die, the court will appoint a family member of the deceased person as the administrator. The court will give priority to the beneficiaries having the most interest in the assets. If the executor dies soon after the will-maker, the executor of the deceased executor will look after the persons’ assets. To avoid such a case, you must always mention multiple executors on the will that you trust the most. A Long Island Probate Attorney can help you in various processes from creating a will, gathering documents, and many other tasks. You must always consult a professional attorney before taking any action.
