Inheritance Lawyers in New York City

As inheritance lawyer in New York City, we deal with a diverse range of inheritance matters:

• Estate planning
• Getting the will admitted to probate
• Obtaining letters of administration for a relative when the decedent dies without a will
• Discovering the decedent’s assets
• Demanding the turnover of decedent’s assets
• Helping heirs-at-law prove they are the relatives of the decedent in kinship proceedings
• Accounting for the estate’s assets

Estate Planning

Estate planning is an important aspect of inheritance because it allows a person to strategize on the most efficient and cost-effective way to transfer property to the intended beneficiaries after death. Although estate planning is usually associated with the drafting of wills and trusts, an experienced estate planning lawyer will take into account the client’s total property value, the kind of assets, the family composition, the objectives in distribution, and other tax consequences to arrive at a proper estate plan which could include a mix of revocable and irrevocable trusts, a power of attorney, health care proxy, and a pour-over will.

Another aspect of estate planning involves planning for disability and ensuring the preservation of assets in case there is a need to avail of Medicaid. Medicaid lawyers specialize in Medicaid Asset Protection Trusts and other Medicaid strategies, such as half-a-loaf planning, to ensure the client preserves his assets while still being eligible for Medicaid.

Estate Administration

Another law practice related to inheritance is estate administration. This involves the filing of a petition for probate or administration. The inheritance lawyer files a petition for probate when the decedent dies with a will and files a petition for administration if the decedent dies without a will. This petition allows the appointment of an executor or administrator who can then manage the estate of the deceased, pay off debts and taxes, and distribute assets to the beneficiaries or heirs.

When the executor or administrator finds out that some of decedent’s assets are held or possessed by a third person, the inheritance lawyer can file discovery and turnover petitions to order the attendance and examination of third parties regarding the decedent’s assets and to demand its turnover to the estate. 

Estate and Trust Accounting

Estate and trust accounting requires specialized skills in the preparation of accounting schedules. This includes a thorough review of the estate account in order to organize and itemize the expenses into principal, income, distribution, administration expenses, cash reconciliation, and other tables. This practice of law includes the preparation of documents of the beneficiaries’ receipts and releases that would absolve the personal representative from liability and preparing adequate responses to objections on the accounting.

Accounting also includes representation in kinship proceedings when there are issues regarding the identity of the heirs.

Estate Litigation

Estate litigation is another practice related to inheritance law. This includes will contests, the discovery and turnover of assets, contesting beneficiary designations, contesting deeds, removing executors or trustees, and making objections to the accounting, to name a few.

Inheritance lawyers are critical in ensuring the eligibility of clients for government benefits while protecting assets, preparing proper estate planning documents that transfer assets upon death at the fastest way possible with minimal costs, representing clients with the court on many different aspects, and ensuring that generational wealth is preserved.

If you need legal representation related to inheritance or estate planning, 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].

When You Need an Inheritance Lawyer

Specific situations that benefit from professional inheritance law representation:

• A family member has died and you are involved in the estate. Whether as executor, administrator, beneficiary, or creditor, the formal process requires knowledge of court procedures and substantive law.
• You are creating or updating your own estate plan. Wills, trusts, powers of attorney, health care proxies, and beneficiary designations all need to be coordinated.
• You suspect mismanagement of an estate or trust. Whether the concern is the executor, the trustee, or a power of attorney holder, inheritance lawyers can investigate and pursue appropriate remedies.
• You have been disinherited from a will or trust. Contest options need to be evaluated before deadlines pass.
• You are facing a Medicaid issue that affects your inheritance plans. Medicaid asset protection and recovery require specialized planning.
• You have inherited substantial assets and need to plan for the consequences. Tax implications, asset management, and your own estate plan all need attention.
• You have property in multiple states. Multi-state planning avoids the multiplication of probate proceedings at death.

The Initial Consultation

Most inheritance lawyers offer initial consultations, often at no charge for simple matters or for a modest fee for complex ones. The consultation typically covers:

• The facts of your situation.
• Your goals or concerns.
• The general legal framework that applies.
• Realistic expectations about outcomes and timeline.
• The likely fee structure and budget.
• The next steps if you decide to proceed.

Bring relevant documents to the consultation — the will if there is one, a death certificate if there has been a death, a list of assets and family members, and any prior correspondence about the matter.

How Inheritance Law Differs from Other Practice Areas

Inheritance law has specific characteristics that distinguish it from other areas of practice:

Specialized court. Most inheritance matters are heard in the Surrogate's Court, which has its own procedures, rules, and culture. Practitioners familiar with the specific Surrogate's Court where the matter will be filed have a meaningful advantage.

Substantive statutory framework. The Estates, Powers and Trusts Law (EPTL) and the Surrogate's Court Procedure Act (SCPA) provide the substantive and procedural framework. Knowing these statutes deeply is essential.

Emotional content. Inheritance matters involve death, family relationships, and significant assets. The emotional content of these matters affects the work in ways that pure commercial litigation does not. Inheritance lawyers learn to navigate the emotional dimensions while still providing strong legal representation.

Long timelines. Estate matters often span months or years. Trust matters can span decades. Inheritance lawyers think in longer time frames than litigators in many other fields.

Multiple stakeholders. Estates and trusts typically have multiple beneficiaries with sometimes conflicting interests. Managing the dynamics among multiple stakeholders is part of the work.

How We Approach Inheritance Matters

Our firm handles inheritance matters with a defined methodology:

1. Listen first. Understanding what the client actually needs comes before deciding on a legal strategy.
2. Investigate the facts. Inheritance matters often involve facts the client does not initially know — about assets, family relationships, prior documents, or other significant context.
3. Identify the legal framework. Which statutes, doctrines, and procedural rules apply to the specific situation.
4. Develop the strategy. What approach will best accomplish the client's goals within the available legal framework.
5. Execute carefully. Filings, court appearances, communications with other parties, and documentation are all done with attention to detail.
6. Adjust as needed. Cases evolve. The strategy adapts to new information and changed circumstances.
7. Close out properly. Final documentation, releases, and records preservation set the case up for a clean ending.

Fee Arrangements

Inheritance matters are handled under various fee structures depending on the type of matter:

• Flat fees for routine estate planning, probate, and administration.
• Hourly fees for litigation, complex administration, and matters where the scope is unpredictable.
• Contingency fees in some specific situations (recovery actions in particular).
• Hybrid arrangements combining elements as appropriate.

The fee structure is discussed at the initial consultation and agreed in writing before work begins. We are transparent about cost from the start.