Wills, Estates and Trusts
Estate Planning
Planning for the future means more than simply preparing a will. A thoughtful estate plan considers how you want your property managed during your lifetime, who should be able to act for you if you become unable to manage your own affairs and how your assets should pass to the people or organizations you choose after your death. RS Dalley, PLLC assists individuals and families throughout New York City, the Bronx, Manhattan, Brooklyn, Queens, Westchester County and Long Island, including Nassau and Suffolk Counties, with estate and legacy planning tailored to their individual circumstances.
Wills, Trusts & Other Estate-Planning Options
There is no single estate-planning tool that is appropriate for everyone. Depending upon a client's assets, family circumstances and long-term objectives, an estate plan may involve a Last Will and Testament, revocable or irrevocable trust, Transfer-on-Death Deed, beneficiary designations, powers of attorney, health care directives or a combination of planning tools.
A Last Will and Testament directs how probate property should be distributed after death and allows a person to nominate an executor to administer the estate. A will, however, generally must be presented to the New York Surrogate's Court for probate before the nominated executor receives authority to administer the estate and distribute property governed by the will.
A revocable trust can provide greater flexibility during a person's lifetime and may permit properly transferred assets to pass according to the terms of the trust without being administered as probate assets. Because a revocable trust generally remains subject to the creator's control during life, it serves purposes that can be very different from an irrevocable trust, in which the creator relinquishes certain rights or control over property transferred to the trust. Irrevocable trusts may be considered as part of more comprehensive estate, asset-protection, Medicaid, long-term care or legacy planning, depending upon the client's circumstances and objectives.
New York also permits the use of Transfer-on-Death Deeds for certain real property. A Transfer-on-Death Deed can allow qualifying real property to pass to a designated beneficiary upon the owner's death while the owner retains the property during life. Like trusts, wills and other beneficiary arrangements, however, a Transfer-on-Death Deed has its own legal requirements and consequences. We help clients consider these different planning vehicles as part of an overall estate plan rather than treating any particular document as a one-size-fits-all solution.
Probate & Estate Administration
When a loved one dies leaving a will, the nominated executor generally must petition the appropriate Surrogate's Court to have the will admitted to probate before receiving full authority to administer the probate estate. When a person dies without a will, an administration proceeding may instead be necessary for the appointment of an administrator and distribution of the estate under New York's laws of intestacy.
RS Dalley, PLLC represents nominated executors, executors, administrators, preliminary executors, beneficiaries, distributees, heirs, creditors and other interested persons in probate and estate-administration matters. Our representation may include preparing and filing petitions, obtaining fiduciary appointments, identifying and collecting estate property, addressing claims and debts, resolving issues involving estate assets, making distributions and handling other matters that arise during the administration of an estate.
We handle Surrogate's Court matters throughout New York City and the surrounding metropolitan area, including proceedings in the Bronx, Manhattan, Brooklyn and Queens, as well as Westchester, Nassau and Suffolk Counties.
Contested Estates, Wills & Trusts
Not every estate or trust matter is uncontested. Questions may arise concerning whether a will is valid, whether the person signing it possessed testamentary capacity, whether undue influence or fraud affected the execution of the instrument or whether a fiduciary has properly performed his or her responsibilities.
The Firm represents proponents and objectants, fiduciaries and beneficiaries, petitioners and respondents and other interested persons in contested Surrogate's Court proceedings. Matters may involve will contests, contested probate proceedings, fiduciary disputes, accountings, discovery proceedings, turnover proceedings, claims concerning estate or trust property, removal or suspension of fiduciaries and disputes concerning the interpretation or administration of wills and trusts.
Trust disputes can present their own issues because property held in trust is not necessarily property of a decedent's probate estate. We represent trustees, beneficiaries and other interested parties in matters concerning trust administration, distributions, fiduciary obligations, accountings and disputes over trust property.
Whether you are planning your own estate, have been nominated as an executor, are administering the estate of a loved one, are a beneficiary or distributee concerned about an estate or trust or have been served with papers in a Surrogate's Court proceeding, the Firm can help you understand your rights, responsibilities and available options.
Schedule a consultation today to discuss your estate planning, probate, estate administration or contested Surrogate's Court matter.
