Coping with the loss of a loved one takes time. Our team has the compassion and sensitivity that you will need and the experience to handle the probate, trust or estate administration process so that you may mourn the loss of your loved one without dealing with the complexity of the process.
Probate
Probate is the process where the Last Will and Testament (referred to as Will) is proven to the court to be validly executed and to be the genuine wishes of the person who died. Once the Court accepts the Will for probate, the court has the authority to empower the named executor to distribute the assets. However, the assets may not be distributed until the executor marshals the assets, gives notice to the creditors, settle the debts of the estate and distribute the assets according to the terms of the will or otherwise manages the assets until the assets are distributed.
Administration:
If your loved one dies without a will, he/she is said to have died “intestate”. In these cases, New York law provides who will inherit from the deceased rather than the person who died. New York law also determines who will be appointed to gather and manage assets, give creditors and beneficiaries notice and settle debts. The assets of the estate are distributed after the debts of the estate are satisfied. This process of deciding who the assets will be distributed to is known as an Administration Proceeding. An Administration Proceeding is a court proceeding similar to a Probate Proceeding. Both require the court to allow the estate to be disbursed and may be a long and daunting experience.
Trust administration:
Trust administration avoids the probate and administration court proceedings. Nonetheless, the trust administration is not automatic. It requires that the trustee administer the estate according to the terms of the trust and provide the appropriate notice, accounting and tax documents. Trustees often require assistance managing the trust administration. The administration may require the expertise of a certified public accountant as well as the legal knowledge of an experienced attorney. We have the expertise to guide the trustee through the trust administration and management process.