Estate Administration Lawyers in New York City

As estate administration lawyers, we can represent you in obtaining letters of administration and in managing the estate and dealing with assets and beneficiaries.

We begin the process with applying for and eventually obtaining letters of administration from the court. Once appointment is obtained, the estate administration lawyer can assist the personal representative in the identification and gathering of assets and payment of debts. An estate administration lawyer can also advise you on contentious issues that may arise with the beneficiaries and heirs and represent the client in the resolution of disputes regarding estate administration or distribution. Lastly, we can prepare the estate accounting to ensure that personal representative is absolved from liability regarding the management of the estate.

Obtaining Letters of Administration

The first step in administering the estate is obtaining letters testamentary or of administration. To get this, the estate administration lawyer must file a petition. Generally, when the petition is not contested, there are no missing heirs, and there are no objections, getting appointed as executor or administrator is relatively easy.

If there are issues regarding the petition, the estate administration lawyer can request for the issuance of preliminary, temporary or limited letters to manage the estate, pending resolution of the petition.

Gathering of Assets and Payment of Debts

Once a person is appointed as administrator or executor, such person becomes authorized to gather the decedent’s assets. Banks usually request the presentation of letters before the executor or administrator is allowed to access the decedent’s bank account and to transfer its contents to the estate bank account. For real property, the executor or administrator will have the authority to manage and sell the property. When the executor or administrator finds that the decedent’s assets are in the hands of another, the estate administration lawyer can file a discovery petition to order the attendance and examination of a person with knowledge of where the assets are. If assets have already been located, the estate administration lawyer can file a turnover petition requesting the turnover of assets in the hands of a third person to the estate.

Once assets are gathered, the decedent’s debts are also paid. In New York, the Surrogate’s Court Procedure Act has provided a process to be observed in making claims against the estate. Aside from the procedure to be observed, these claims have to be made within seven months from the date the letters were issued, including that of a temporary administrator or preliminary executor.

Dispute Resolution

Beneficiaries and heirs may have disputes with the executor or administrator regarding the management of the estate assets. Most issues with always relate to money, such as the sale of a property asset lower than the market value or its sale to a person related to the executor or administrator.

Sometimes, beneficiaries might file a temporary restraining order or injunction to enjoin the executor or administrator from selling real property. The estate administration lawyer can defend the executor or administration in this motion. If sale has already been made, the estate administration lawyer can prepare the executor or administrator for objections to the accounting.

Accounting

Not all estate administration lawyers have experience with estate or trust accounting. Estate or trust accounting matters require a more meticulous review of estate bank accounts and detailed account of recording the cash inflows and outflows in proper accounting schedules, a skill not all estate administration lawyers have.

A lot of informal accounts prepared by estate administration lawyers cannot withstand court scrutiny. Best practices require the preparation of informal accounts in accordance with court standards to minimize any risk of objections to accounting.

Estate administration matters are broad and diverse. Most estate administration lawyers’ experience are limited to the probate of the will, but not in other aspects, such as probate litigation and accounting. There are some lawyers, however, like us, who have experience in most aspects of estate administration, including probate litigation such as will contests and discovery and turnover. Should you need legal representation, we, at the Law Offices of Albert Goodwin, are here for you. We have offices in New York City, Brooklyn, NY and Queens, NY. You can call us at 212-233-1233 or send us an email at [email protected].