PROBATE, TRUST & ESTATE ADMINISTRATION
Probate is the court-supervised process by which the property of a deceased person, the “decedent”, is transferred to his or her heirs and beneficiaries. The decedent who signed a will is said to have died “testate.” If the decedent did not sign a will, he or she is said to have died “intestate”, and New York law defines who inherits the estate.
Probate and trust administration is the process of winding up a decedent’s affairs and implementing the plan contained in the will or trust, or if there was no estate planning, settling the estate in accordance with New York law. The duty of administration generally falls upon a “fiduciary”, a manager of the funds, assets, and businesses that do not belong to him or her. Trustees, executors, estate representatives, and administrators, are all fiduciaries. Conducting a probate or trust administration as a fiduciary may be complicated and require the knowledge, skill, and guidance of an estate attorney. Fiore Law Firm, P.C. represents fiduciaries, as well as heirs, beneficiaries, creditors, and other interested family members involved in the probate and trust administration process.
Following the death of a close relative, families are often left to sort through a confusing maze of legal questions about the relative’s estate. We provide clarity for these complex legal issues, guiding our clients through the probate and administration process. We work closely with estate representatives (executors, administrators, and trustees) to fulfill their responsibilities in an estate administration. Our practice involves counseling and guiding executors, administrators, and trustees in the many decisions to be made in planning and administering an estate or trust. We are equipped to address any issues that may arise in the course of the administration of an estate or trust, including real estate matters, and the ongoing management of closely held businesses.
If and when disagreements arise involving wills or the administration of estates and trusts, it is sometimes necessary to pursue a matter through litigation in Surrogate’s Court. We vigorously advocate to resolve those cases in our client’s favor.