Planning and structuring one’s assets go a long way in providing the mental satisfaction of its possessor and their loved ones. To add to the already cumbersome probate process, there is a multiplicity of factors that could cause a probate delay. Moreover, an incompetent executor and administration related issue will only increase the woes of the already bereaved heirs. Hence, a probate Kings county lawyer will help to avail professional knowledge and expertise, which will dampen delays in probate.
Hire Probate Kings County Lawyer To Understand What Causes Delays In Probate
Estates having too many beneficiaries can severely delay the probate as all of them need to be contacted and kept updated with the proceedings. Sending constant reminders and following up on signatures adds to these delays. At times, even with the latest technology, geographical distance between beneficiaries proves to be a bane. Moreover, differences in time zones and working hours, supplement the delay.
Beneficiaries to an estate could be family and non-family members, thus posing differences in opinion between them, which can hold up the administration by several months. Beneficiaries that can’t be located, despite all efforts made by the executor, in such cases its best to hire an expert such as a probate Kings county lawyer, to expedite the probate.
If executors live abroad, going back and forth between countries, time zones, understanding differences in-laws, slows down the probate process. An inept executor will undoubtedly slow down the settlement process. Poor or inadequate knowledge of the probate process, lack of organizing skills, not being aware of expectations from them will increase the delay.
A reluctant executor may not accept the responsibility or be doubtful or hesitant to oblige. In such a situation, a new court-approved person will have to be appointed. In the case of an executor’s death, before administering the estate, the Chain of Representation would come into effect, for more details on this avail assistance from a probate Kings county lawyer.
Speed Up The Probate With Assistance From A Probate Kings County Lawyer
- Multiple wills: A decedent sometimes leaves a will without revoking any previously made wills, A case may arise wherein beneficiaries may present another will, which may benefit them. In such a case, it is not clear, which will hold priority.
- Will Location: Probate processes usually delay due to a missing will. One need to put all efforts to find a missing will before Intestacy Rules enforcement. If a will is missing, the Intestacy Rules will allow the next of Kin to administer the probate. It may or may not be according to the deceased’s wishes. In such cases seeking the help of a professional such as a probate Kings county lawyer is a must.
- Loss of Original Will: In cases of losing, misplacement, or disappearance of a will, a copy of the same can replace the original. However, searching for the missing will and providing evidence to support the copy will lag the probate process.
- Executor not named in will: This may raise questions about the validity of the will, though at this moment may not render it invalid. It may also raise a matter as to what more details could have been missed.
How Assets Can Cause Delay In The Probate Process
Estates containing assets of an unusual nature (e.g., horses, patents, gems) would naturally be difficult to administer. A genuinely skilled person with experience such as probate Kings county lawyer is necessary in this regard. Filing of Estate Tax Returns implies the involvement of the government and bureaucracy. This involves calculations, filling of forms, acquainting with laws, undoubtedly delaying the entire process.
Though the deceased resided in one state, assets could have been held in many other states. Owning assets in more than one state means additional court proceedings and ancillary probates. Get expert help, by connecting with a probate Kings county lawyer.
Payment of debts, debtors will have a claim over debts, which are payable from the estate before dividing between heirs. Please contact a probate Kings county lawyer for more clarity. Charities, as beneficiaries, involve more documentation and complications. At times a separate solicitor is appointed by then to ensure the authenticity of the gift. This only supplements and unnecessarily delays the probate. If the executor is not aware of the possessions of the deceased and has insufficient access to information about them, they will have to spend time collecting them, and this will add time to the probate process.