What To Consider When Choosing A Probate Attorney In New York
Friday, September 20, 2024
Choosing a probate attorney is an important step you need to take if you have a high net worth and want to ensure the fair administration of your will. These experts will take care of your estate and ensure that your properties are shared according to your wishes long after you have died.
Keep in mind that probate laws vary from state to state so the attorney you pick must be familiar with the state laws where you have your estate. In this piece, we will show you how to choose a qualified probate attorney in New York.
Four Considerations For Choosing A Probate Attorney In NY
While there are many factors to consider, below are the top four considerations when choosing a probate attorney in NYC:
Familiarity With NYC State Laws And Courts
As stated above, each state has unique laws, so make sure you choose a probate attorney in NYC if that is where you have the bulk of your real estate. A lawyer who is licensed in NYC and has local expertise because they regularly practice in the Surrogate's Courts of NYC. They understand how local court proceedings work and will be able to navigate the system in your favor. The right attorney shouldn't just be experienced in just any case but specifically with probate cases. You can take it a step further by considering their experience in the city of your estate.
Knowledge of NYC Real Estate Laws
It's not enough for a lawyer to know about NYC courts or legal processes; they also need to be familiar with the real estate laws of the city. They need to understand the property tax implications of retaining that property and keeping it within your family after your death. For example, if your properties are mostly co-op and condos, your lawyer should have accurate knowledge of the laws surrounding these living spaces. Don't go for a lawyer who only has experience managing penthouses. There are also some unique estate tax laws that affect the distribution of assets in the city.
What Are Previous Clients Saying?
Since your probate lawyer will be handling your estate after you die, you need to be extra careful about who you choose. Simply looking at local expertise is not enough in this case. You also need to research thoroughly to find out what previous clients have to say about their services. Don't focus on testimonials you find on the lawyer's website alone. Go online and look for unbiased reviews on websites like Yelp, Avvo, and Google. There is no better way to learn about a service than from those who have already used that service. If possible, reach out to loved ones within the city and ask them for recommendations.
Outright And Ongoing Fees
How much would the lawyer request as a retainer, and what would be their fee structure for ongoing management of your property after you have died? While the retainer may vary from law firm to law firm, it usually ranges from $5,000 to $10,000 in New York City. However, hourly fees may range from $350 - $600. Make sure there are no hidden charges, and everything is completely transparent.
Conclusion
You've spent a lifetime acquiring wealth for yourself and your family. Now, it's time to ensure continuity and distribution of your assets even in your absence by hiring the services of a probate lawyer.