Probate Lawyers in New York City

As probate lawyers, we handle aspects related to the issuance of letters testamentary or letters of administration, and all the ancillary activities connected to it. The issuance of these letters allows an executor or administrator to manage the estate of the decedent, such as the transfer of decedent’s bank accounts to the estate bank account.

Other ancillary activities related to probate are estate and trust accounting, will contests, and discovery and turnover. However, not all probate lawyers have experience with these specialized matters.

In New York, probate matters are brought before the Surrogate’s Court. However, there can be some aspects of intersection with the Supreme Court, especially when there are disputed assets that were transferred prior to the decedent’s death.

Issuance of Letters Testamentary or Letters of Administration

A probate lawyer assists the client in obtaining letters testamentary for the appointment as executor or letters of administration for the appointment as administrator. These letters allow the executor or administrator to manage the estate of the decedent, which includes selling real property and transferring the decedent’s bank account to the estate bank account.

A probate lawyer can also request for preliminary letters when there is an urgency to manage the estate, pending resolution of the probate of the will. Limited letters can also be requested, usually for the purpose of filing a case.

In New York, when the client is a not a US-resident, the probate lawyer may also act as an administrator CTA to co-manage the decedent’s estate with the client.

Discovery and Turnover

The probate lawyer can also assist the executor or administrator in discovery and turnover when decedent’s assets are in the hands of another person. Not all probate lawyers have experience with discovery and turnover. It may also require more specialized knowledge in banking laws, because must discovery and turnover cases refer to bank accounts that have been transferred to others.

Discovery petitions request for the appearance of a third person to attend and be examined regarding the location of the decedent’s assets. Once assets are located, a turnover petition requests for the return of decedent’s assets by alleging causes of action on how the decedent’s assets were unlawfully taken from the decedent.

Discovery procedures such as interrogatories and subpoenas are also utilized to discover the decedent’s assets. Most issues that arise in this case relate to joint ownership of assets, where one of the joint owners did not contribute anything to the ownership of the asset. Since not all probate lawyers have experience with discovery and turnover petitions, it is important to seek out a probate lawyer with specialized experience in this particular field of probate litigation to maximize chances of success.

Will Contests

Not all probate lawyers have experience with will contests. Filing a petition for the issuance of letters is substantially different from a will contest, because most requests for the issuance of letters do not involve an adversarial party.

Once a third party objects to the issuance of letters, the proceeding becomes more contentious. For this reason, having a lawyer with more experience in probate litigation is important so your interests are well represented when dealing with the objecting party, especially in settlement negotiations.

Aside from experience in adversarial litigation, a probate lawyer handing will contests must have in-depth knowledge regarding the requirements for a proper execution of a will, the grounds for contesting a will, and the elements for each ground. This allows the probate lawyer to effectively advise the client when it comes to SCPA § 1404 examinations.

Accounting

Not all probate lawyers have experience with estate or trust accounting. In fact, estate or trust accounting matters require a more meticulous review of estate bank accounts, which not most probate lawyers can do. A lot of informal accounts prepared by most probate 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.

Probate matters are broad and diverse. Probate lawyers may have experience on one aspect of the probate proceedings, such as the issuance of letters testamentary or of administration, but may not have experience in accounting or discovery and turnover proceedings. However, there are some lawyers like us, who have experience in most aspects of probate proceedings, 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].