Estate Litigation
When an Estate Plan Is Challenged
When an estate plan is challenged, mismanaged, or contested, the fight happens in Surrogate's Court — and it goes better with a lawyer who understands both sides of the plan.
In Surrogate's Court
When Families Disagree
A will is objected to. An executor stops communicating with the beneficiaries, or won't account for what the estate actually holds. A trustee makes a decision no one agreed with. A family disagrees, sometimes bitterly, about what a parent actually intended. These disputes happen in Surrogate's Court, under rules most litigators never have reason to learn well, because most litigators don't spend their time there. We do — the same court, the same procedure, the same fiduciary relationships we work with every day in planning, administration, and probate. When a plan we didn't write is being contested, or a fiduciary is being challenged, that same grounding is what a client needs on their side of the table.
Fiduciary Duties
Accountings, Breach, and Removal
An executor or trustee owes a fiduciary duty to the people the estate or trust is for. That duty comes with an obligation to account — to show, formally, what came in, what went out, and why. When a fiduciary won't account voluntarily, a beneficiary can compel one. When the account raises questions, beneficiaries can object to it. And where a fiduciary has actually breached their duty — self-dealing, mismanagement, an undisclosed conflict — the remedy can include surcharge (making the fiduciary personally pay back what the estate lost) or removal. These matters move slowly and depend on documentation more than argument. Reading an accounting for what it's actually saying, and knowing which numbers deserve a harder look, is the same skill used every day in reviewing accountings for administrations we run ourselves.
Recovering Estate Property
Discovery Proceedings
Sometimes property that belonged to the decedent is being held by someone else, and won't be turned over. SCPA 2103 gives a fiduciary a specific proceeding to compel discovery and turn-over of that property — often used where a joint account, a transfer shortly before death, or a missing asset needs to be run down and brought back into the estate.
Legal Guidance
The Duties Of An Administrator
Once appointed by the court, an Administrator must notify all creditors and heirs of the deceased's passing and provide them with an opportunity to make claims against the estate. Next, the administrator must identify and collect all assets of the decedent - real property, bank account, personal property, digital assets - and present an Inventory of Assets to the court. The administrator continues their duties by timely paying all debts and expenses. Finally, the administrator must distribute assets to the beneficiaries according to the intestacy laws of New York and prepare an accounting to the court.
Navigate Complex Decisions
The Intestacy Laws of New York
Administration proceedings provide an orderly and structured process for settling the estate and distributing assets. This ensures that the estate is managed according to the law, protecting the rights of all parties involved. It also ensures that any outstanding debts and taxes are paid before distribution, preventing future legal complications.
Wrap Up Small Estates
File a Voluntary Administration Proceeding
If a Decedent's estate is valued at $50,000 or less with no real property or litigation involved, the Surrogate's Court offers a simplified process for handling small estates. No formal issuance of Letters Testamentary or Letters of Administration is required and a voluntary administration is typically appointed soon after they apply. Citations, hearings, and sometimes lengthy delays are avoided and sometimes legal representation is not needed. In a voluntary administration, the Surrogate's Court allows a voluntary administrator to collect a specific asset in lieu of attending to a Decedent's entire estate.
A Decedent’s estate is already jeopardized when he or he fails to execute a Will or Trust. However, an Administration Proceeding is a safeguard against rightful heirs receiving no bequest or for Decedent’s assets to be spoiled or abandoned. Heirs are assured assurance that the Decedent’s estate is handled fairly and lawfully, creditors have a formal mechanism to assert their claims, the administrator receives legal authority and protection and court supervised process is managed transparently, avoiding chaos and disputes. By following a structured legal process, we help safeguard your loved one’s wishes and the rights of all beneficiaries involved in an administration proceeding.
Maintain Estate Value
By managing and protecting the estate’s assets during the proceedings, the administrator helps to preserve the value of the estate, ensuring that beneficiaries receive maximum benefit.
Provide Transparency
The legal requirements of administration proceedings ensure transparency in all dealings, which helps to build trust among beneficiaries and other stakeholders.
Manage Tax Obligations
Professional administrators are knowledgeable about tax laws and can manage tax obligations efficiently, ensuring compliance and minimizing the estate’s tax burden.
Proper Record-Keeping
Administration proceedings involve meticulous record-keeping, which is crucial for providing an accurate account of all transactions and decisions made during the estate settlement process.
Provide Peace of Mind
An impartial administrator can make objective decisions based on legal and financial considerations, avoiding potential conflicts of interest that can arise when family members act as executors.
Peace of Mind
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Professional Care
Retaining our office for an Administration proceeding ensures that a loved one’s estate will be managed legally and efficiently. We minimize estate disputes, settle creditor claims and account to the court. Rely on us to ensure a fair and orderly distribution of assets.