New York Real Estate Lawyers Blog
There are challenges that people encounter that may become legal problems, such as eviction or the untimely death of a loved one. Sometimes hiring an attorney can seem daunting during the most difficult time of one’s life. In response to public need, some Courts have help desks or help centers for unrepresented litigants. This post will describe the shortcomings of such help centers and our proposed solution from the perspective of Surrogate’s Court matters.
Probably nothing is more difficult than the death of a loved one. Not only are emotions heightened, but practical legal and financial issues need to be navigated. A Court’s help desk may provide procedural advice on the proper from that should be used, but may omit specific advice on how to actually complete the form or other general legal advice. Laypersons are ill-equipped in possessing the technical knowledge that an experienced attorney has to complete all documents required for a successful Court filing so that the Court can appoint a legal fiduciary to handle estate affairs.
A qualified attorney will recognize complex estate matters and will be more readily able to make the proper Court filings that the Court will require. Otherwise, the Court will inevitably delay the case when it requests additional filings that an experienced attorney would have already anticipated. Of course, a legal expert is required for contested estates, where a party challenges the validity of a Will being submitted for probate or other contested matters such as who may be the best person to serve as the fiduciary of the estate. Other examples of complex estates may entail those with non-marital children, a handwritten will submitted for probate or multiple wills presented for probate. A Court’s help center does not provide legal representation and cannot provide the personal attention that a survivor needs in complex estate matters.
Attorneys can also provide necessary advice to a family prior to someone passing away. For instance, an attorney may evaluate a person’s assets and personal relationships, which will then be properly reflected in a Will prepared by such an attorney. Assets may also be transferred prior to death as reflective of a person’s wishes. Court help centers only assist once a person is a litigant, but not prior thereto, when a person is best served by having an attorney prepare a Will.
It should be noted that if a person has a Will, he will select the parties who will receive his assets and appoint the person that he finds best suited to be the estate’s fiduciary (Executor). Otherwise, the intestacy statute determines the distribution of one’s estate and automatically appoints the estate’s fiduciary (Administrator), who may not possess the necessary knowledge to administer the estate.
Having an attorney prepare a Will and other appropriate documents allows for the family to become comfortable with the attorney, so that surviving family members will not become acquainted with the attorney for the first time when in crisis mode. Our firm is available to discuss legal issues that our readers may encounter, whether before or after the death of a loved one.