Estate Administration Attorney
Roslyn, Nassau County, Long Island

An estate administration attorney helps by making sure the estate assets are distributed as the provided by a will or trust. An estate administration attorney assists in getting the will probated.

Where the decedent executed a will, the will is probated or proven to be the validly executed instrument of the decedent to the court’s satisfaction. In New York, wills must follow the Estates Powers and Trust Law (EPTL) and the Surrogate’s Court Procedure Act (SCPA). The estate administration attorney presents the decedent’s will with original signatures to the court. The court opens up a file for the decedent’s estate.

The estate administration attorney assists the Executor in marshalling the decedent’s assets (retitling them) in the name of the estate. The marshalling of assets process usually involves the estate administration attorney sending a copy of the Executor’s authority to act on behalf of the estate upon each bank or financial institution holding the decedent’s assets. In New York State, these are called Letters Testamentary. The estate administration attorney then files any federal, or state estate tax returns required to be filed.

An estate administration attorney also makes sure that final income tax returns and fiduciary income tax returns are filed for the estate if it has earnings during the administration period. An estate administration should then file an inventory of assets with the court showing the decedent’s assets and liabilities after any and all required estate tax returns and income tax returns have been filed and paid. The estate administration attorney then prepares a schedule for each estate beneficiary of their estimated distribution after all estate expenses and liabilities have been satisfied which is delivered by him to each beneficiary. Finally the estate administration attorney prepares a receipt, release, and waiver discharging the Executor and other fiduciaries of the estate with the court.

An estate administration attorney assists and counsels the Executor in marshalling the estate’s assets.

Please contact Kass & Kass to schedule a consultation. A brief introductory consultation is available for a nominal charge.