Probate is the term that lawyers use for the period when the will of a deceased is brought forward and the executors of the estate are appointed. Probate is an official proceeding governed by an incredibly complex set of rules that constitute the New York probate laws. These laws are so complex and so particular that most firms maintain lawyers who have probate law as their specific specialty simply because the law can be so complicated in this area.
However, if you have an interest in a will undergoing probate in New York City, this specialization works to your advantage. You can find an excellent firm with specialists in your particular area, rather than having to settle for an attorney whose field of expertise falls somewhat outside what you would hope for.
Individuals should ideally contact a lawyer during or before probate if there is any confusion regarding a will. Once probate has begun, the will is close to being executed, making any improper proceedings harder to stop. Luckily, the New York probate laws leave claimants many different paths to ask for reconsideration of a will.
If you are planning to contest a will, your first stop should be the office of a good lawyer. The Law Offices of Busson & Sikorski have offered excellent advice on all ranges of probate, from representing simple probates to contesting probates. We would be happy to arrange a free consultation for your probate questions. Once you have contacted us, we will determine what the role of the New York state probate court needs to be. Probate as a process demands that the contesting party will appear before a judge; what can vary is what we will present to that judge.
Even if you are disputing a claim about property not found in the state of New York, the claim should still be brought before the New York state probate court, so long as the will was on file in New York. Of course, a good attorney will be able to advise you completely on where it is most appropriate to file your suit and how to recover all relevant property. Typically, if the will enters probate in New York City, then it must have been filed in New York. Once the will is in probate, your attorney will continue to advise you, explaining and steering you in the correct direction to recover your lost property, or simply to execute probate in a smooth, easy, stress-free fashion.
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