Long Island, NY Probate Attorneys

Estate Probate: Probate Administration Services

What is probate? What does it mean to probate a Will? When one fails to create a Will, or the original Will cannot be located, the estate is still administered through the court system in accordance with the laws of intestacy.  If there is a Will, the process is called probate, if there is no Will, it is called estate administration.

Each client may require unique probate or estate administration services, including identifying, collecting and distributing assets and personal belongings, locating family members and or beneficiaries, working through family disputes, such as when there is a Will contest, and filing legal papers with the Courts.

What do I need to know about probate, Wills and trusts? Probate is both time consuming and costly and the process is quite different from the administration of a trust. A Will merely disposes of your assets after your death. A trust can be crafted to afford you the opportunity to manage your assets while you are alive and able and, while a Will makes no provision if you become incapacitated, a trust usually directs who will manage the property and how. Additionally, probate documents filed in court are a matter of public record whereas the disposition of trust assets can be entirely private.

Trust Administration

Trust administration is the process by which assets are distributed to (or for the benefit of) the intended beneficiaries in accordance with the terms of a trust. Berwitz and DiTata LLP can help you through all facets of trust administration. Our competent trust administration attorneys serve clients throughout New York, including Manhattan, Brooklyn, the Bronx, Metro NY and Long Island, including Nassau County and Suffolk County. We do work with clients in other States as well.

Estate Litigation and Trust Litigation

Our clients recognize us as experienced estate litigators. For estates, New York estate litigation and trust litigation the attorneys at Berwitz & DiTata LLP go “above and beyond the call of duty” to help clients achieve their objectives. We work with clients who object to or oppose the probate of a particular Will or its handling by an executor. We represent executors and trustees in probate proceedings and administration proceedings and work with them to ensure that the decedent’s intent is carried out. We represent fiduciaries against whom claims have been made for improper conduct in the administration of an estate or trust and bring actions against executors, administrators and trustees who have acted improperly.

Will Contest | Contested Wills

Litigation concerning Wills, otherwise known as Will contests, can be very complicated. Sometimes multiple Wills are at issue. Sometimes the issue concerns undo influence by a family member or friend. Sometimes fraud is involved.  Occasionally, the issue concerns the capacity of the testator at the time the Will was executed. Often the contest involves the validity of the execution of the Will. Contested estate litigation is also complicated by challenging family dynamics. When there is a dispute over the distribution of property or other assets, it is necessary to work with an experienced will contest attorney who is able to navigate through conflicts to find resolution. If you or a family member seek to contest a Will and need help from a seasoned estate attorney, please contact our law office today to schedule your first meeting.