Probate - Genser Cona Elder Law

Probate

When a resident of New York passes, the Last Will and Testament must be admitted to probate — in most instances. This will allow the Executor to collect assets, pay bills, sell property, and distribute assets to those listed in the Will. This estate settlement process happens over several stages.

As an Executor, you’ll have several responsibilities and the process can be daunting and confusing. The New York probate attorneys at Genser Cona Elder Law bring decades of experience helping people like you navigate the probate process.

Since 1998, we’ve helped clients work their way through all types of probate scenarios — from simple family matters to large, complex estates involving family businesses, commercial properties, art and antiques and charitable bequests. Regardless of your situation, we’ll work to professionally and quickly resolve all issues relating to probate, administration, and accounting, in order to efficiently settle the estate.

Probate

Probate is the legal process by which a deceased individual’s Last Will and Testament is admitted to the Surrogate’s Court and their property is distributed following their death. Considering the enormous emotional burden associated with losing a loved one, the New York probate attorneys at Genser Cona Elder Law will help you navigate the complex legal and financial considerations of the probate process.

If you’re appointed as the Executor of the estate, the experienced New York probate attorneys at Genser Cona Elder Law will guide you along every step of the way with:

  • Protecting and marshaling assets 
  • Creating a comprehensive inventory of the estate assets
  • Paying claims made against the estate
  • Paying bills
  • Making distributions to beneficiaries
  • Preparing tax returns

Simply put, we’ll be with you every step of the way and help ensure all affairs are in order.

Probating Wills in New York

When someone dies leaving a Will, they nominate an Executor of the estate. The Executor can consult with the experienced New York probate attorneys at Genser Cona Elder Law to petition the Surrogate’s Court to admit the Will to probate.

As the Executor of the estate, you have a fiduciary responsibility to act in good faith, prudently, and with undivided loyalty to the beneficiaries of the estate. By working with the probate attorneys at Genser Cona Elder Law, we’ll simplify the process for you by preparing all required Court petitions and appearing in Court for and with you. We will also provide guidance and assistance with every facet of the administration of the estate, including:

  • All probate court proceedings
  • Collection and sale/liquidation of assets
  • Preparation of asset inventories
  • Payment of bills
  • Negotiation and payment of claims against the estate
  • Distributions to beneficiaries
  • Estate tax planning and tax return preparation
  • Preparation of Accounting, and
  • Assistance with other estate issues.

When you trust the attorneys at Genser Cona Elder Law, you’ll access and employ more than 20 stellar years of New York Probate experience. We’ll work closely with you to ensure your affairs are in order, so you can enjoy a superior peace of mind.

Accounting

The next step is to prepare a comprehensive accounting of the financial transactions occurring within the estate. The fiduciary must account for all assets received, income and interest earned, all bills paid, commissions earned, and bequests and gifts paid.  In the end, the accounting absolves the Executor from any liability.

The accounting is typically prepared at the end of the estate administration — prior to final distributions being made to beneficiaries. In the most general sense, the accounting should include:

  • A clear listing of the estate assets
  • Income from assets
  • Payments of expenses and debts
  • Sale/liquidation of assets
  • Interim distributions and
  • Any remaining property

As the Executor of the estate, you have a lot on your plate. The experienced New York probate attorneys at Genser Cona Elder Law can help you prepare all required accountings. We’ll use our decades of experience to alleviate the burden on you, so you can focus on more pressing matters.

Learn more about our estate administration accounting services.

Contact Genser Cona Elder Law for New York Probate Attorneys

After the death of a loved one, managing the seemingly countless number of tasks involved with being an Executor can be overwhelming and challenging — to say the least. However, you are not alone.

The New York probate attorneys at Genser Cona Elder Law are here to provide assistance and guidance throughout the process. Whether your loved one had a well-drafted Last Will & Testament or even if they didn’t, we offer the experience and a caring approach to help you through it.

Contact Genser Cona Elder Law today for assistance through the New York probate process.