Marcus, Gould & Sussman, LLP | Attorneys At Law
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914-561-3249
Marcus, Gould & Sussman, LLP | Attorneys At Law
914-561-3249
Photo of Kenneth J. Gould and Marianne L. Sussman
Quality Legal Representation, Experience And Responsiveness

Estate And Trust Administration Guidance In White Plains

When an estate plan becomes effective, an executor takes control of the probate and estate administration processes. Often, the executor is a family member or loved one of the decedent, and facing the legal implications of death can be confusing and emotionally difficult. Choosing experienced legal representation to move the will and estate through Surrogate’s Court and tax requirements can substantially relieve your discomfort.

At Marcus, Gould & Sussman, LLP, our lawyers assist executors and administrators of estates. The attorneys, with their legal assistants, know the process and take care of the petitions, paperwork and other necessary issues. Probate involves opening the estate, managing estate expenses, paying estate taxes, if required, and court costs, and ensuring that the decedent’s will is legally valid. You can be confident that we will keep you informed of the status of the estate so that you, as the executor/administrator, trustee or beneficiary, are protected by proper management through ultimate distribution.

Estate Administration

We assist our clients in all aspects in the estate administration process, including identifying, appraising, maintaining and distributing estate assets, and paying estate taxes and debts. We are prepared to handle testate and intestate estates, and complex disputes over the distribution of estate assets.

Trust Administration

We also represent clients in overseeing and distributing the assets in a trust. If you are a trust beneficiary, we can protect your interests in the distribution of trust assets. For trustees and successor trustees, the duties of trust administration are filled with potential risk and liability. We help our clients understand their duties and navigate the complex legal terrain of trust administration.

Steps In New York Estate Administration

Estate administration in New York begins with filing a petition in Surrogate’s Court. If the decedent left a will, the nominated executor submits the will for probate. Without a will, an administrator must be appointed. After the court appointment, the next steps include:

  • Identifying and securing estate assets
  • Notifying beneficiaries and creditors
  • Appraising and managing assets
  • Paying debts, taxes and administrative expenses
  • Preparing final accountings
  • Distributing remaining assets according to the will or intestate laws

Each step carries legal and financial responsibilities. Our firm helps executors and administrators fulfill these duties accurately and efficiently to avoid costly delays.

What Are The Key Differences Between An Executor And An Administrator?

Executors and administrators carry out similar functions, but their roles arise under different circumstances:

  • Executor: Appointed in a valid will. The person named by the decedent is confirmed by the court and given legal authority to administer the estate in accordance with the will’s terms.
  • Administrator: Appointed when there is no will. The court selects a qualified person, usually a close family member, based on priority under New York law.

Executors are expected to follow the specific instructions outlined in the will. Administrators, by contrast, must distribute the estate according to New York’s intestacy laws, which determine heirs based on familial relationships. Both roles involve gathering assets, paying debts and distributing property, but the authority under which they act and the rules they must follow differ.

What Are The Most Common Challenges Faced By Executors And Trustees?

Executors and trustees often encounter complications during administration, such as:

  • Disputes among beneficiaries: Conflicts over asset distribution can delay the process.
  • Locating all heirs: Especially in intestate estates or blended families.
  • Managing and valuing complex assets: Including businesses, investments or real estate.
  • Handling creditor claims: Especially when the estate has limited liquidity.
  • Tax obligations: Filing final income tax returns and addressing estate tax liability.

These challenges can create personal liability. Our legal team provides support and clear guidance to help fiduciaries fulfill their duties and limit risk.

Can A Trust’s Validity Be Challenged?

Yes, beneficiaries or interested parties may contest a trust’s validity on several grounds:

  • Lack of capacity at the time of creation
  • Undue influence or coercion
  • Fraud or forgery
  • Improper execution under New York law

We assist both trustees and challengers in disputes involving trust validity and can represent you in Surrogate’s Court if litigation becomes necessary.

Contact Our Law Firm About Your Estate And Trust Administration Needs

Our lawyers represent heirs, beneficiaries, executors, trustees and other parties in Westchester County and throughout New York state. Contact us today online or by telephone at 914-561-3249 to arrange a consultation with a knowledgeable estate and trust administration lawyer.