It is important for a nominated executor to seek an experienced estate administration attorney to assist that nominated executor to be appointed an executor by the Surrogate's Court of the county wherein the decedent died. We counsel and represent spouses, children, other heirs and beneficiaries, executors and trustees, and other interested parties. If there is no will, we will seek to have that interested person appointed the administrator of the estate.
During the initial meeting with our client, we will examine the will, evaluate all the sole, joint and trust assets, obtain all the contact information of the heirs and beneficiaries, and the family history. We will explain in detail what roles and responsibilities an executor or trustee has, and how we will protect you as well as protect the interests of all beneficiaries under the will or trust.
Attorneys With An Attention To Detail
We will then prepare all the paperwork for your appointment, including preparing waivers and consents from other distributees and all the other necessary supporting documents for such an appointment. We will try to amicably have all the beneficiaries and distributees agree to the appointment of the nominated executor or administrator, and if not, we will prepare citations and have those distributees served with proper process as the court requires. Once the court appoints the executor or administrator, we will begin the administration of the estate which includes, but is not limited to:
- Obtaining an estate identification number for the estate
- Obtaining date of death assets valuations
- Seeking alternate valuations, if necessary
- Appraisals for real properties and nonpublicly traded assets
- Preparing the Inventory of Assets to be filed with the Surrogate's Court
- Preparing and filing any federal and state extensions to file and to pay
- Preparing and filing the federal and state estate tax returns within nine months of the date of death
- Preparing receipt, release and refunding agreements together with informal accountings, or work with the estate accountants in preparing formal accountings to attach to the receipt, release and refunding agreements
Paying Close Attention To Your Concerns
We make certain that all proper deductions are taken and all elections are taken to reduce or delay the payment of income, gift or estate taxes. Because of our capabilities regarding estate, trust and accounting litigation, we are aware of the potential problems and issues, so we try to keep all beneficiaries up to date on the progress of the administration as well as on the status of their inheritance or trust. Because of our experience in litigating all estate, trust and accountings, we are prepared and seek to avoid or limit litigation.
We also work with our clients to assist them with ancillary probate proceedings, where a decedent owns real property in other states, such as where our clients require assistance with estates having assets in multiple jurisdictions, domestically or internationally. While Bashian & Farber, LLP, has attorneys admitted to practice in the states of New York, New Jersey and Connecticut, we regularly assist clients with ancillary proceedings in other jurisdictions by working with outside counsel in those jurisdictions.