Estate Settling

Estate Settling and the Estate Settlement Process Can Be Legally and Emotionally Demanding

The death of a family member or friend can present challenges both emotionally and legally. Clearly, the personal impact of the loss cannot be immediately remedied. 

Moreover, business and financial decisions must be made and action taken to settle the decedent’s estate with the assistance of a New York City estate settling lawyer. These include the collection of assets and the payment of bills and taxes. Handling the Court process involved with the appointment of an Executor or Administrator can be complex. There may be many different types of issues relating to kinship, asset protection, Will interpretation, estate taxes and other factors that require resolution before a decedent’s estate can be settled. 

Initially, it is essential to determine whether a decedent had prepared a Last Will or died intestate (without a Will).  This is necessary because the Surrogate's Court procedure on disposition of estate assets will be different in each instance. It is also a good idea at the outset to obtain advice from an experienced estate settling lawyer in New York City who is familiar with the estate laws and Court requirements.

Both probate and administration proceedings in the Surrogate's Court require the preparation and filing of petitions and other papers that support the appointment of an estate fiduciary.  The petition contains information consisting of the names and addresses of the decedent's distributees, Will beneficiaries and named executors and trustees as well as an estimate of the value of the estate.

Preparing and filing papers for the Court and then actually handling the estate can be complicated.   The petitioner and the fiduciary that is finally appointed assume a large responsibility for the proper administration of all of the decedent's affairs.  This may include representing the estate's interest in a Will contest if third parties claim that the Will that is offered for probate is not valid. A Will Contest can involve claims of undue influence, lack of testamentary capacity and lack of due execution. 

Petitions for probate or administration are typically filed in the Surrogate's Court in the county where the decedent was domiciled.  Thus, if the person who died had his primary home in Manhattan, the estate proceedings would be filed in the New York County Surrogate's Court.

All of these Courts are controlled by the same laws and rules as contained in the Surrogate's Court Procedure Act and Estates, Powers and Trusts Law. Sometimes, each individual Court may have slightly different procedural rules regarding the filing of documents and Court calendars and procedure.  An experienced estate settling attorney in New York City can usually assist with determining the appropriate rules.

I have many years of experience representing clients with estate settling. I have represented executors and administrators and am very familiar with the Surrogate's Court procedures required in estate settlement. I work closely with my clients in all aspects of estate settlement to make the process as efficient as possible. I have helped many clients with probate and administration matters throughout New York.

For personalized attentive service and a free case evaluation with a New York City estate settling attorney, you can contact me by telephone (212) 355-2575, fax (212) 751-5911 or fill out my contact form. I look forward to talking with you.

Client Reviews
Jules Haas helped me with managing the process in probate court for my father's estate through to its completion upon the sale of my father's house. He was knowledgeable, efficient, and effective in submitting documentation to the probate court, explaining procedures to me, and advising me as to the progress of my case. His support staff was also very helpful. He made what for me created so much anxiety into something manageable where I could see progress every step of the way. His fees were very reasonable. I am super grateful to him for all the help he has provided and strongly recommend his services.
★★★★★
I found Mr. Haas after being misguided by a former attorney. Mr. Jules Haas took our case which involved an estate/trust dispute. What initially seemed like an impossible and overwhelming legal fight was now in the hands of someone who had the integrity and legal expertise to win our case. Mr Haas' attention to detail and his expert knowledge base, skillfully and successfully guided us through an intricate legal process. I am very thankful and grateful to Mr. Jules Haas for representing our interest and ultimately winning. Bringing about a peace of mind we needed. Thank You Devida Nedd
★★★★★
I was in need of a guardianship attorney and I hired the services of Jules M. Haas' Law firm. The service of counselor Haas and his staff, was very profesional and the case was handled in a timely matter. I would strongly recommend his services Angel Guevara
★★★★★
I strongly recommend Jules Haas. I have worked with him for two years and he has provided so much support and followed through with everything he promised he would do. His support staff is just as helpful! We had an interesting case and he helped to solve each part of it legally and was very thorough. Thank you for everything you have done to finalize our families estate Robyn Stafford
★★★★★