Estates
Estate planning is essential to ensure proper management, distribution or disposal of a person’s estate (or assets) after death. Planning includes the bequest of assets to heirs usually through a last will & testament. Estate planning may also include planning for incapacity as well as reducing or eliminating uncertainties over the administration of a probate, and/or maximizing the value of the estate by reducing taxes and other expenses. This is usually accomplished through the creation of a Trust or Life Estate.
Oftentimes, family members pass away without having made proper plans or any other provisions for the distribution or disposal of their assets. Legally termed, passing away “intestate”, or without a will in New York State, requires the filing of an administration in order to legally distribute any assets left behind.
An administration proceeding is a process in which the Surrogate's Court issues “Letters of Administration” to a qualified distributee of the decedent. Letters of Administration will officially appoint a decedents’ distributee. This gives them the authority to collect and distribute the decedent's property according to the law. This includes the legal ability to sell any real property that the decedent may hold at the time of their passing. (Decedent is a legal term used to refer to a deceased person.)
In New York, "distributees" are persons who are designated by law as having the primary right to receive a decedent's estate in the case of intestacy.
If a decedent passes away intestate, and no one to steps forward to begin an administration proceeding for the estate, the county’s Public Administrator may do so.
The primary mission of the County Office of the Public Administrator is to act as fiduciary for estates of deceased persons where, for various reasons, the nominated executors and/or closest relatives cannot act, were not made aware they can act or have been removed as executor or administrator.
Most commonly, the Public Administrator steps in when the decedent's closest relatives are remote and their identity and/or whereabouts remain unknown, even after diligent inquiry by their office. In that situation, the office is required by statute to administer the estate.
This office is appointed as fiduciary by decree of the County Surrogate's Court. The Court may also appoint this office to act as trustee of an estate or guardian of the property of an infant or incapacitated person in certain situations.
In its role as court appointed fiduciary, the Public Administrator's office marshals and secures the real and personal property of decedents. The property is distributed by decree of the Surrogate's Court after the Office of the Public Administrator files it’s final account.
If no distributes are found or fail to appear in the proceeding, the decedent’s property is ultimately sold at public auction and the funds delivered to the comptroller of that County.
The Office of the Public Administrator also assists in the burial for persons who fail to make such arrangements during their life and who are not survived by known relatives.
Whether you are named in a decedent’s Last Will and Testament or are under the laws of intestacy, and you are a distributee of an estate, we have the years of experience and legal team developed to handle all matters ranging from a simple petition filing or a complex proceeding.
All court fees and legal expenses will be covered for all clients that we are engaged with. There will be no upfront costs or payments necessary, and no client will ever be held financially responsible should any matter not be concluded, for any reason.