Brooklyn Estate Administration

Seasoned Brooklyn Estate Administration Lawyer

Losing a loved one can bring with it not only grief, but a range of administrative tasks, making it helpful to retain legal counsel with a full understanding of the estate administration process. In this judicial procedure, used when there is no will that governs the disposition of a decedent’s estate, the decedent’s assets are first managed and then distributed. When there is no will, a decedent is deemed to have died intestate. If you are concerned with handling your loved one’s estate after he or she passes away, you should consult experienced Brooklyn estate administration attorney Jules Haas who can put his more than 40 years of experience to work for you.

Seek Knowledgeable Legal Counsel for Estate Administration

If a will is located, probate can be time-consuming; the amount of time administration takes depends on the complexity of the estate and other factors. Additionally, there may be many emotions involved, as well as, in some cases, serious controversy and acrimony. Typically, estate administration attorneys help a decedent’s loved ones or other interested parties with the following tasks:

• file a petition in the appropriate Surrogate’s court
• determine the heirs and other parties who must be given notice of the probate or intestate proceeding and give them notice
• petition the court to appoint an administrator or executor for the estate
• inventory the decedent’s assets and get them appraised as needed
• pay off debts to the decedent’s creditors
• and sometimes sell estate assets to do so; pay estate taxes; and distribute assets to the rightful heirs.

In some situations, assets are partially or fully held in a trust. When they are fully held in a trust, estate administration may not be necessary. However, if they are only partially held or there is no trust, or the trust is not valid and well-drafted, the case may become exponentially more complex. With those possibilities in mind, it is wise to retain an estate administration lawyer, like Mr. Haas, who understands trusts and trust litigation, and can apply those laws as they intersect with probate or intestacy. Often a successor trustee needs to administer distribution of a decedent’s assets when the decedent was the original trustee.

Rules of Intestacy

When there is no valid will, the New York rules of intestacy found in EPTL 4-1.1 will apply to the decedent’s estate. When a decedent is survived by both a spouse and children, the spouse inherits the first $50,000 and also gets half of what’s remaining while the children split the other half equally between them. When the decedent is not survived by a spouse and children, the estate is divided between the decedent’s parents equally, or where only one parent survives, the entire estate goes to that parent. However, if the decedent isn’t survived by a spouse, children or parents, the estate goes to the decedent’s brothers and sisters and nieces and nephews and is split equally between them. Next in line if none of the foregoing survive the decedent are more distant heirs.

Issues That Arise in Estate Administration in Brooklyn

There are a number of situations that can make estate administration particularly intense or difficult. Circumstances that present a particular challenge include:

• a decedent’s incomplete or ambiguous will;
• a personal representative who doesn’t fulfill his or her legal duties;
• wills and trust contests;
• a decedent’s ownership of property and assets outside the state or abroad;
• and a mass of creditors’ claims.

In some cases, decedents make their wills earlier on in their lives, and by the time it comes to file a probate petition, the will is out-of-date. For instance, if a decedent chose a fiduciary who was once reliable and doesn’t update the will after the fiduciary starts to demonstrate poor judgment or bad motives, this can create a tricky situation for heirs and beneficiaries. It is crucial to call upon an estate administration attorney who has deep familiarity with how to handle New York Surrogate’s Court litigation.

Consult a Brooklyn Estate Administration Lawyer

Mr. Haas is a trustworthy Brooklyn estate administration attorney who has handled probate and intestate estate matters for more than 40 years. He represents individuals, families, estate administrators, executors, heirs, and other parties interested in estate proceedings. He is dedicated to providing personal and attentive service to his clients in all matters of probate, estates, trusts, Surrogate’s court cases, guardianship, and other related litigation. Contact Mr. Haas a call via our online form or call him at (212) 355-2575 to schedule a free consultation.