This page explains how a consultation works at the Law Offices of Albert Goodwin. Our practice focuses on New York estates, probate, trusts and estate planning. The page covers the situations people usually call us about, the documents to bring, how New York's ethics rules protect you before you hire anyone, and how legal fees in estate matters work.
To schedule a consultation, call 212-233-1233 or email [email protected].
Reviewed by Albert Goodwin, Esq., Law Offices of Albert Goodwin. This page gives general information about New York law. It is not legal advice for your situation.
Common reasons people schedule an estate consultation
Most of our consultations start with one of the following situations. Knowing which one fits you helps us use the meeting well.
- A parent or spouse has died and left a will: The named executor usually has to file the original will with the Surrogate's Court in the county where the person lived and ask the court for letters testamentary. See our page on letters testamentary in New York.
- Someone died without a will: A family member petitions for letters of administration, and the estate passes to the closest relatives (called distributees) under EPTL 4-1.1. See letters of administration.
- A small estate: If the person left $50,000 or less in personal property, a simpler voluntary administration under SCPA Article 17 may be available, with some exceptions. We can tell you at the consultation whether it fits your facts.
- You question whether a will is valid: Objections to probate are filed in Surrogate's Court, and SCPA 1404 allows pre-objection examinations of the attorney who drafted the will and the witnesses. See will contests in New York.
- A dispute with an executor or administrator: This includes delays, refusal to share information, self-dealing, or a family member living in an estate property. See beneficiary and executor conflicts, removing an administrator, and inheritance disputes.
- Trust beneficiary questions: You may want to know what the trustee must disclose, or whether to demand an accounting. See beneficiaries' rights to trust information and estate and trust accountings.
- Estate planning: This covers wills, revocable trusts, powers of attorney and health care proxies. See will drafting, trusts, and advance directives.
If you are a surviving spouse who was left out of a will or left less than you expected, ask about the right of election under EPTL 5-1.1-A. The deadline is short. Notice of election must generally be served within six months after letters are issued, and no later than two years after the date of death.
What to bring to an estate or probate consultation
You do not need every item on this list. Bring what you have. Copies are fine for most documents, with one exception noted below.
- Death certificate: A certified copy if you have one. The court will require one with the petition.
- The will: Tell us where the original is kept, but do not remove staples or take the original apart. New York probate requires the original will. A copy is useful for the consultation. If only a copy can be found, tell us. Probating a lost will is a separate and harder process.
- Codicils and trust documents: Any amendments to the will, any trust agreement, and any trust amendments.
- A list of family members: Names, addresses and relationships of the spouse, children, grandchildren of any deceased child, parents and siblings. The court needs this information to identify the distributees, even if they are not named in the will. In some cases an affidavit of heirship is needed.
- Property records: Deeds, co-op shares and proprietary leases, and mortgage statements.
- Financial statements: Recent bank, brokerage and retirement account statements, life insurance policies, and anything showing a named beneficiary or joint owner. These details affect what passes through the estate. See bank accounts with no beneficiary.
- Debts and bills: Funeral bills, medical bills, credit card statements and any tax notices.
- Court papers: Any citation, petition, notice of probate, or other Surrogate's Court document you have received, including the envelope if it shows the date.
- Correspondence: Emails, letters or texts with the executor, trustee or other family members if you are in a dispute.
- A short timeline: Date of death, county of residence, and key events since then.
If a citation from Surrogate's Court gives a return date, bring it to the consultation or mention it when you call. Return dates are fixed deadlines.
How a consultation works at our firm
- Initial call or email: We ask for the names of the people involved so we can check for conflicts of interest, the county where the person lived, and a brief description of the issue. We tell you before scheduling whether your consultation is free or paid, and what any charge will be.
- The meeting: Consultations can be held in person at our offices in New York City, Brooklyn or Queens, or by phone or video. If you are a family member outside New York, a phone or video consultation is often simplest.
- Discussion: We review your documents and explain which Surrogate's Court proceeding applies, who has priority to serve as fiduciary, the likely steps, and the main risks. For a general sense of timing, see our sample NYC probate timeline.
- After the consultation: If you decide to hire us and we agree to take the matter, we send a written engagement letter or retainer agreement describing the scope of work and the fees. You are under no obligation to hire us after a consultation.
Free consultations and paid consultations
A free consultation is mainly a chance for you and the lawyer to decide whether to work together. You can expect a general explanation of the process and the fee structure. You should not expect a detailed legal opinion on your documents.
A paid consultation is a working session. The lawyer reviews your papers and gives advice on your specific options. Some people choose a paid consultation when they plan to handle part of the matter themselves, or when they want a second opinion on what an executor or trustee is doing.
Your rights before you hire a lawyer in New York
Confidentiality for prospective clients (Rule 1.18)
Rule 1.18 of the New York Rules of Professional Conduct protects people who consult a lawyer about possibly hiring them. Even if you never hire the lawyer, the lawyer generally may not use or reveal what you shared, except as the rules allow. A lawyer who received information from you that could significantly harm you is also generally barred from representing someone else against you in the same or a substantially related matter, with limited exceptions. You can speak openly about family conflicts and finances during a consultation.
Written engagement letters (22 NYCRR Part 1215)
Under 22 NYCRR Part 1215, a New York lawyer must generally give a new client a written letter of engagement or a signed retainer agreement. The document must explain the scope of the legal services, the fees, expenses and billing practices, and the client's right to arbitrate fee disputes under Part 137. Exceptions exist, including matters where the fee is expected to be less than $3,000 and services of the same general kind already provided to an existing client. Read the letter before you sign it and ask about anything unclear.
Fee dispute arbitration (22 NYCRR Part 137)
If you and your lawyer disagree about a bill, Part 137 gives clients the right to resolve many fee disputes through the New York Fee Dispute Resolution Program instead of a lawsuit. The program generally covers disputes between $1,000 and $50,000. Information is available on the New York courts' Fee Dispute Resolution Program page.
How legal fees work in New York estate matters
Estate work is usually billed in one of two ways:
- Flat fee: Common for estate planning documents and for some uncontested probate or administration filings where the steps are predictable.
- Hourly fee with a retainer: Common for contested matters such as will contests, accountings and fiduciary disputes, where the amount of work depends on how the other side responds.
We will explain which structure applies to your matter and put it in writing before work begins.
Attorney fees are not the same as executor commissions
People often confuse these two. An executor or administrator is entitled to statutory commissions under SCPA 2307 for serving as fiduciary. The commissions are calculated on the property the fiduciary receives and pays out: 5% of the first $100,000, 4% of the next $200,000, 3% of the next $700,000, 2.5% of the next $4,000,000, and 2% of anything above $5,000,000. A fiduciary may waive commissions, and family members serving as executor often do.
The estate's attorney is paid separately for legal work. In New York, the Surrogate's Court has the power under SCPA 2110 to review and fix attorney fees paid from an estate, and the court looks at whether the fee is reasonable for the work done. If you are a beneficiary concerned about fees being charged to the estate, raise this at your consultation.
Court filing fees
Surrogate's Court filing fees for probate and administration petitions are set by SCPA 2402 and depend on the size of the estate. They are separate from attorney fees and are usually paid from estate funds.
Questions to ask at your consultation
- Which Surrogate's Court proceeding applies to this estate, and in which county?
- Who has priority to serve as executor or administrator, and can someone else object?
- What deadlines apply to me right now?
- Will the fee be flat or hourly, and what expenses are likely?
- Who at the firm will handle the day-to-day work, and how will you keep me updated?
- What can I do now to protect estate property, such as a house or apartment? See access to a house after death.
- Is there a way to resolve this dispute without litigation?
Be cautious of any lawyer who guarantees a result in a will contest or estate dispute. Outcomes depend on the evidence, the documents and the court.
Official resources
- NY CourtHelp: When Someone Dies, the New York courts' guide to estates and Surrogate's Court.
- New York Fee Dispute Resolution Program (Part 137)
Schedule an estate or probate consultation
The Law Offices of Albert Goodwin handles probate, administration, will contests, trust disputes and estate planning in Surrogate's Courts in New York City and the surrounding counties. We have offices in Manhattan, Brooklyn and Queens. Learn more about Albert Goodwin.
Call 212-233-1233 or email [email protected] to set up a consultation. If you have received Surrogate's Court papers with a return date, mention the date when you contact us.
