Estate Attorney in New York City

Hi, I'm Albert Goodwin. I practice estate law. At my firm, we help people with three things: planning for the future, probate, and legal fights over estates.

First, estate planning. Planning ahead helps your family stay safe and gives you peace of mind. We help you write your will and set up trusts that fit your life.

Second, probate. If you're in charge of an estate, we're here to help you through the whole process. We'll handle the court work and all the steps needed to close an estate correctly.

Third, litigation. If there's a fight over an estate, we'll stand up for you and protect what's yours.

We care about our clients. We work hard, tell the truth, and stay by your side.

You can get in touch with me anytime to talk about your plan or your legal case. You can contact me by phone at 212-233-1233 or by email at [email protected].

Estate Planning in New York City

Estate planning is the part of our practice that looks forward. The goal is to make sure that if something happens to you – a serious illness, a sudden death, or just the passage of time – the people you love are protected, your assets pass to the people you have chosen, and the process is as simple and inexpensive as possible. That sounds like a single project but it is really a set of decisions about wills, trusts, beneficiary designations, powers of attorney, health care proxies, and the way you hold title to your property.

For some families, a basic plan is enough: a will that distributes everything to the surviving spouse with a backup to the children, a durable power of attorney, a health care proxy, and a HIPAA release. We can put that package together in a single meeting and have the documents signed within two weeks. For other families – business owners, blended families, families with a special-needs child, families with substantial real estate or retirement assets – the plan is more involved. We may build a revocable trust to keep assets out of probate, a credit-shelter or QTIP structure to use both spouses' exemptions efficiently, a special-needs trust to preserve government benefits, or a series of lifetime gifts to use the annual exclusion and the lifetime gift exemption.

We also help clients think through the personal side of planning – who should be guardian for minor children, who should be executor, who should be trustee, what to do about a difficult adult child, how to handle a closely-held business. Those decisions take more conversation than paperwork. We are happy to take the time.

New York Probate and Estate Administration

When someone dies, the executor named in the will (or, if there is no will, the closest qualified relative) has to open an estate in the Surrogate's Court of the county where the decedent lived. In Manhattan, that is the New York County Surrogate's Court at 31 Chambers Street. In Brooklyn, it is the Kings County Surrogate's Court. There are similar courts in Queens, the Bronx, Staten Island, Long Island, and every other county. Each court has its own clerks, its own filing windows, its own preferences, and its own backlog. We practice in all of them.

The probate process starts with a petition for probate (where there is a will) or a petition for letters of administration (where there is not). The petition lists the heirs, identifies the assets, and asks the court to appoint a fiduciary. Once letters are issued, the fiduciary collects the assets, opens an estate bank account, pays creditors and taxes, and ultimately distributes what is left to the beneficiaries. We guide the fiduciary at every step – preparing the inventory, communicating with beneficiaries, filing the estate tax return if one is required, preparing the accounting, and obtaining the receipts and releases that close the estate.

Probate is sometimes contested. A disinherited child, a recently-married spouse, a caregiver who claims promises were made – any of them can object. When that happens, the case shifts from administration to litigation, and we move with it.

Estate Litigation

Litigation in the Surrogate's Court covers a wide range of disputes. The most common are will contests, accountings, and turn-over proceedings. A will contest challenges the validity of a will on grounds such as lack of testamentary capacity, undue influence, fraud, or improper execution. An accounting proceeding scrutinizes the executor's handling of the estate – every asset, every payment, every check. A turn-over proceeding tries to recover property that the decedent should have owned at death but that was taken or transferred during life under questionable circumstances.

Other matters include kinship hearings to prove distributees in estates of people who died without close family, removal proceedings to oust a fiduciary who has misbehaved, surcharge actions to recover money the fiduciary mishandled, and discovery proceedings to find missing assets. We handle each of these from start to finish – initial petition or objection, discovery, motion practice, settlement negotiations, and trial when settlement fails.

Why Clients Choose Our Firm

Estate law is a small world. The same judges, court attorneys, opposing counsel, and court evaluators show up over and over. We work in this world full-time and have for many years. That experience matters when we have to predict how a particular Surrogate will react to a particular argument, when we have to negotiate with a particular opposing counsel, or when we have to recommend whether to settle or try a case.

We also keep our work direct and practical. We do not bury clients in paperwork or unnecessary procedure. We explain the law in plain English, we tell clients what we think will happen and why, and we adjust our approach based on what each case actually needs. Some clients want aggressive litigation; some want quiet settlement; some want planning that is as simple as possible. We listen first.

Our Process When You Hire Us

The first conversation is always free. We ask what is going on, what you want to accomplish, and what your concerns are. We tell you whether your situation is one we can help with, what the realistic outcomes are, and what the fees will look like. If you decide to retain us, we send you a clear engagement letter and ask for any documents and information we need to get started. From that point on, you have direct access to the attorneys working on your matter. We respond to phone calls and emails promptly and we keep you informed of what is happening.

For planning clients, our process moves from intake to draft documents to a signing meeting, usually over two or three weeks. For probate clients, the process is longer because the court controls the schedule – but we keep things moving with prompt filings and tight follow-up. For litigation clients, the timeline depends entirely on the case; we set expectations realistically and update them as the case develops.

Locations and How to Reach Us

We have offices in New York City (Manhattan), Brooklyn, and Queens. We meet with clients in person, by phone, and by video conference depending on what is most convenient. We accept retainers, hourly fees, contingency arrangements in appropriate litigation cases, and flat fees for many planning and routine probate matters. We are transparent about cost and we discuss it up front.

To talk about your estate plan, your role as executor or administrator, or a dispute that has come up in a New York estate, call us at 212-233-1233 or write to us at [email protected]. We will get back to you the same day.