New York Probate Lawyer Blog
One of the primary reasons for implementing an estate plan is to afford a person the opportunity to select or nominate estate fiduciaries. When one thinks about planning an estate, the initial considerations regarding the creation of a Last Will and Testament or a Revocable Trust are the beneficial provisions concerning the disposition of assets. Of course, while selecting beneficiaries and alternate beneficiaries, as well as the assets or shares they are to receive, is a prominent aspect of any plan; it is also essential that sufficient consideration be given to the selection of fiduciaries. Fiduciaries may be executors, trustees or guardians for minors.
The nomination of a fiduciary is important since the creator of the document is placing his trust in a named person or persons to administer an estate or trust and to put into effect the creator’s intentions. Executors and trustees may need to serve for long periods of time and may need to confront and resolve many complex issues affecting an estate or trust ranging from taxes, creditors’ claims, and other sorts of litigation.
When a decedent does not leave a Will, the selection of an intestate estate administrator is left to the determination of the Surrogate’s Court by application of the estate laws. In particular, Surrogate’s Court Procedure Act Section 1001 entitled “Order of priority for granting letters of administration” provides a list of persons who have priority in being appointed as the estate administrator. The New York Probate Lawyer Blog has published numerous articles concerning the appointment of estate administrators and estate settlement.
The appointment of an administrator can be problematic. To begin with, a person who has a right to appointment may not be a person whom a decedent would have chosen to act in that capacity. Also, the statutory person may not be qualified to handle an estate with complex problems. Another quite common issue is that there may be many individuals who have equal rights, such as children, to be appointed and they all are competing with each other to serve as administrator.
Unfortunately, these situations lead to estate litigation in the Surrogate’s Court. A recent Bronx estate case entitled Estate of Williams, decided by Bronx Surrogate Nelida Malave-Gonzalez on April 26, 2024 concerned the appointment of intestate estate administrators. In Williams, the decedent did not leave a Will. She left five (5) children who were her distributees and entitled to share the estate and be appointed as administrators. Various petitions, cross-petitions and objections were filed with the Court and the parties’ relationships were contentious. The main asset was a parcel of real estate. After reviewing all the proceedings and facts, the Court noted that it needed to exercise its discretion and decide the issue based upon the best interests of the estate. As a result, the Court appointed two of the children as co-administrators. It was determined that this appointment would be in the estate’s best interest.
I have represented many clients in administration cases in the Surrogate’s Court for over 40 years. These matters can be complicated. Do you have a question regarding administration or other estate issue? Call Me Now for a free confidential review of your estate matter. We offer reasonable and flexible fee arrangements and personal representation.
New York Trusts and Estates Attorney Jules Martin Haas has helped many clients over the past 40 years resolve issues relating to guardianship and probate and estate settlement throughout New York City including the Bronx, Queens, Brooklyn, Manhattan, Nassau and Suffolk County. If you or someone you know has any questions regarding these matters, please contact me at (212) 355-2575 for an initial free consultation.