When to Seek Legal Help as the Personal Representative

Serving as a personal representative in probate can feel intimidating. Many people agree to serve only to help their family or out of a sense of duty to a beloved relative. They quickly find themselves overwhelmed with questions and cannot find solid answers online. Even worse, other family members are badgering them about why the process is taking so long. There might come a point where the personal representative should reach out to an experienced Bronx probate lawyer. Below, we highlight some common scenarios where obtaining legal help makes sense.

Disappointed Heirs File a Will Contest

A will contest is an attempt to set aside the will, usually because it was obtained by coercion or fraud. Sometimes a person disinherits a child, who then tries to have the will set aside so they can inherit under New York’s intestacy statute.

Trying to defend the validity of the will can seem daunting. Call a probate lawyer for help. We know what evidence is probative and how to make a forceful argument to the judge.

You Can’t Take Possession of an Estate Asset

It is up to the personal representative to gather all the assets in the estate. Suppose the deceased loaned a vehicle to a nephew, who doesn’t want to return it, even though it still belonged to the deceased.

As the personal representative, you might need to take legal action to get the car back. A lawyer can help you file the legal action properly and gain possession of the asset.

You Don’t Know if a Creditor Claim is Valid

Before estate assets can be transferred to the beneficiaries in a will, the estate needs to pay the deceased person’s bills. What happens if you get a claim for a debt which seems suspicious? Most people die with utility bills, cell phones, credit card debt, and possibly a mortgage or rent payment.

But what if a distant cousin claims the deceased borrowed money? What if you have never heard of the collection agency which has submitted a huge bill? Call a lawyer for help figuring out which claims are valid and which ones aren’t.

You Are Confused About Your Duties

Estate administration is complicated. Many personal representatives quickly have a dozen questions and need answers. Instead of looking online, contact an attorney who can answer any question related to administration, such as:

• How to inventory and appraise estate assets;
• How to protect the assets so they do not decline in value;
• What to do if the estate has a valid legal claim against a third party;
• Any other question or concern you have with probate.

Personal representatives are legally liable if they make serious mistakes in estate administration. That is a bitter pill to swallow when you are doing your best to shepherd the estate through the process. You should protect yourself by getting the legal guidance you need.

Speak with a Probate Lawyer in the Bronx

Cavallo & Cavallo has helped members of the community for decades with estate planning and probate needs. We are happy to talk in a private consultation.