Albany Estate and Trust Administration Lawyers

Estate and trust administration involves critical aspects of determining what happens to the estate of your loved one after their death. Losing a loved one is already hard enough, so it is wise to obtain knowledgeable advice from an experienced estate administration attorney.

Estate administration may be more complex due to sensitive family dynamics, if your loved one passed away without a will, or left behind complex familial structures such as remarriage, adoptions, guardianships, and owning business interests.

At Pierro, Connor & Strauss, LLC, we are committed to providing thorough and compassionate legal services in estate and trust administration.

Our Core Services

Administration of Assets Passing Under Wills: If you are an executor of a Will, we will help you determine the assets and debts of the estate, assist you with each step in the court system and determine the distribution of the estate.
Administration of Estates Without Wills: Also known as Intestate Estate Administration, we will assist you in navigating the court system and identifying lawful beneficiaries if you qualify to act as an administrator or receive assets from an estate lacking a Will. We’ll also help determine the proper distribution of assets according to New York law.
Probate Proceedings: Probate is the process in which a decedent’s last will and testament is “proved” to the satisfaction of the Surrogate’s Court in the county in which the late person resided. An executor is formally appointed to carry out the terms of the will. An Albany probate lawyer can probate the appointment of the executor, trustees, and related services. We regularly practice in Albany, Rensselaer, Schenectady, Saratoga, Warren, Washington, Columbia and Greene counties, as well as many others.
Trust Administration: Not all property needs to go through the courts to be distributed. For example, trust assets, money held in joint accounts, retirement accounts and life insurance proceeds are distributed to account holders or named beneficiaries immediately and without the need for a court supervised administration process. For trustees or beneficiaries of trusts, we will advise you in determining your rights and obligations under the terms of the trust and New York State law.

Albany Estate Admin. Team

Louis W. Pierro

AARON E. CONNOR

Michael P. Mullaney

Samantha W. Bryant

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(866) 951-7526 Send Us a Message

Albany Estate Planning attorneys collaborate in their home office with a client

Services We Offer Include:

Probate of last will and testament and the appointment of Executor and trustees
Administration of estates where the decedent died without a Will, the appointment of Administrator
Settlement of the Estate and Trust Accounts
Estate and trust litigation
Settlement of wrongful death actions on behalf of an estate
Resolve postmortem estate tax issues
Federal Gift Tax Return preparation and related services
Federal Estate Tax Return preparation and related services
State Estate Tax Return preparation and related services
All other services connected with the usual administration of estates and trusts

A Customized Approach to Estate and Trust Administration

The reason clients decide to entrust their estate administration to our lawyers at Pierro, Connor & Strauss, LLC is due to our reputation for excellence. Along with our legal expertise, we offer personalized service and a client-centered approach.

No two clients are alike. We tailor our services to each client’s specific situation and needs. We work with teams of professionals, such as accountants and tax specialists, to save time and money on administration costs, as well as compassionately handling family relationships and dynamics. Our track record speaks for itself.

Meet Our Team

Louis Pierro, Esq.

Founding partner and principal, Louis Pierro, knows about the importance of long-term care planning firsthand, as his mother suffered from Alzheimer’s disease. He empathizes with clients facing similar issues and can help them put together a plan so that they can age independently.

Pierro also founded and is now a consultant at ElderCounsel, a nationwide organization of elder care and special needs law firms that provides proprietary document drafting software and education to over 1400 member firms. He is a founder of ApolloCare, LLC, a company integrating home care coordination with connected home health technologies to allow seniors to continue living independently at home.

Aaron E. Connor, Esq.

Managing partner, Aaron E. Connor, focuses on the areas of guardianship, contested wills and trusts, and other estate litigation and administration. Through discovery, litigation, and negotiation, Connor helps clients receive their fair share in complex estate and trust litigation matters. He also heads our firm’s long-term care planning department.

Connor’s expertise includes using sophisticated estate planning techniques for optimum tax efficiency.

He formerly served on the New York State Bar Association Committee on Legal Education and Admission to the Bar.

What Our Albany Clients Are Saying

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Aaron Connor, Beth Stasiak, and Stacey Davis were an absolute pleasure to deal with through what would otherwise have been a difficult experience after the loss of first my maternal uncle and then my mom. They were extremely well organized, professional, thoughtful, responsive, good-humored and consistently looked out for our best interests. Would happily recommend them to anyone in need of elder law services.

— Lisa D.

Lou Pierro came up with a very creative way to protect my mother’s estate. He freely gave of his time and was clear and caring. My mother died before we needed to implement his plan. Afterwards, the New York Department of Health found my mother’s former residence in violation of two codes. Although Lou would not benefit from helping us, he directed us to attorneys who could.

— David

Estate & Trust FAQ’s

Am I entitled to be compensated for my services as Executor?

Yes, you are entitled to commissions by statute under the New York Surrogate’s Court Procedure Act. You are not required to take commissions, but if you do, any commissions received by you will be subject to income in the year received.

Are Will contests common?

No, and they seldom succeed except when extenuating circumstances such as fraud, duress, undue influence, lack of testamentary capacity or invalid execution of the Will exist.

How long does the estate administration process last?

The estate must remain open for at least seven months from your appointment as Executor or Executrix. This period is known as the creditor’s period under New York law. However, for larger estates requiring the filing of state or federal estate tax returns, or for estates involving complicated issues or litigation, the period can be considerably longer.

Must beneficiaries pay an income tax on their inheritance?

No. However, they will be responsible to pay their share of any tax on any post mortem income earned on their inheritance, as well as on any income accrued to, but not realized by the deceased during his or her lifetime, such as income on savings bonds and IRAs.

Must the beneficiaries pay an estate tax on the property they receive under the Will?

If the estate is large enough to require the filing of a Federal Estate Tax Return, currently $11,200,000 in 2018, a Federal Estate Tax may be due. If the estate is large enough to require the filing of a NYS Estate Tax Return, a NYS Estate Tax may be due. The current 2018 NY exemption amount is $5,250,000 for decedents dying between April 1, 2017 to December 31, 2018.

Must the estate pay any fees to the Surrogate’s Court?

Yes, each proceeding commenced in the Surrogate’s Court, including the probate proceeding, will require the payment of a fee to the Surrogate’s Court. The size of the fee will vary with the size of the estate, and can run anywhere from $45.00 to $1,250.00 depending on the size of the estate. The same fee is applicable to administration proceedings and accounting proceedings. Additional court fees may be applicable as required by statute

Since I was named Executor under the Will, isn’t it true that I may begin to administer the estate immediately upon the death of the testator or testatrix?

No. A petition must first be filed with the appropriate Surrogate’s Court to determine that the Will is valid and that you are fit for appointment as a fiduciary.

What are some common factors that could increase the time and cost involved in administering the estate?

A few such factors include litigation, estate tax filing requirements, creditor’s claims, minor beneficiaries, incapacitated beneficiaries, charitable beneficiaries, accounting proceedings, problems proving the validity of the Will to the Court’s satisfaction, and assets which are difficult to value and/or distribute equitably. The aforementioned list is merely intended to be illustrative and is by no means an exhaustive list.

What will be the cost of the legal services required to administer the estate?

The cost for the legal services required to administer estates can vary widely depending on the facts and circumstances of the estate. Under New York law, there are certain factors which should be considered in determining a reasonable legal fee. Those factors include, but are not necessarily limited to, the nature of the work involved, the complexity of the work involved, the amount involved, the reputation of the attorney, the time dedicated to the file, and the results obtained. Pierro, Connor &Strauss will set forth the fee it believes is appropriate for your file in a formal letter of engagement which we will ask you to sign before commencing work on the estate. The legal fees paid are in addition to any fees paid to the Court, experts, or other third party vendors.

Who may challenge the Will?

Certain family members who survive the decedent known as distributees. Distributees are defined under NYS Estate Powers and Trust Law. Also, certain persons adversely affected by the purported Will or a Codicil thereto may challenge the Will or Codicil.

Speak with an Accomplished Trust and Estate Administration Attorney

To learn more about our estate and trust services and how we can help you, schedule a consultation with the Albany Estate Planning and Elder Care Lawyers at Pierro, Connor & Strauss, LLC today.

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