Executor of an Estate

Qualities of an Executor of an Estate, and Does He/She Need a Lawyer?

Who should you chose to be the executor of an estate? Good question. There are several criteria that go into choosing an executor: your executor should be someone you consider trustworthy; they should understand and respect your wishes regarding the provisions in your last will; they should be capable of performing the duties of an executor of an estate; if the estate is complex, a professional executor, like a trust company,  may be advisable; your executor should of course be someone likely to outlive you. A New York City estate planning lawyer can help you determine whether someone meets these criteria.

While executor of an estate doesn't necessarily need to hire a New York Estate Lawyer, there are many reasons why someone may want to hire an estate attorney.  Most people are not familiar with the probate, administration or estate settlement process.  Since an Executor is responsible to the Surrogate's Court and the beneficiaries for the protection of estate assets, the payment of taxes and other activities, it is advisable to obtain the advice of an attorney and other professionals with experience handling these matters.

If you're the executor of an estate, you want to know if you might need the help of a lawyer.   I have many years of experience successfully working with and advising clients in creating and executing wills, the probate process and administering estates and helping clients who were an executor of an estate.

Also, there are many occasions where the assistance of a probate attorney is essential.  For instance, a person who dies may have been involved with a lawsuit during his life, and the Executor would be required to continue the lawsuit on behalf of the decedent.  Similarly, an Executor may be sued on behalf of the estate if a third party had a claim against the decedent that was not pursued until death.  There are many types of estate litigation that occur.  It is very common that an Executor may want to bring an eviction proceeding with the help of an attorney in New York City Housing Court to evict persons who refuse to move out of the decedent's real property.  The eviction may be needed to sell the house.  There have been many cases when I have represented Executors in Surrogate's Court litigation as well as lawsuits in New York State Supreme Court and New York City Housing Court.  These cases can be complicated and time consuming. However, lawsuits may be an essential part of estate administration and protecting the interests of the estate beneficiaries.

I graduated in the top 10% of my class at New England School of Law in Boston and then served on the prestigious “Law Review.” I have been an attorney at law in my own law practice in New York City since 1985.  I enjoy working hard for each of my clients to meet their needs. I am dedicated to working through the nuances of case detail, uncovering something that didn't initially seem obvious and coming to grips with things that can't be controlled in order to resolve your case.  I represent clients throughout New York.

I am available to answer your questions or address any concerns you may have 24 hours a day, 7 days a week. Contact me now at (212) 355-2575 or e-mail for an appointment with a New York City attorney.