Albany Probate Lawyers | Pierro, Connor & Strauss LLC

The provisions of a will can reveal complex family dynamics, including long-rooted grievances, which can make a straightforward process unpredictable. Probate litigation and other estate-related litigation are specialized areas that combine estate planning knowledge with civil litigation experience. An Albany probate lawyer must not only prove the substantive matters of the dispute in court but must also remain sensitive to the emotional needs of clients during a trying time.

For those in Albany who are facing difficulty in their Surrogate’s Court matter or dread the prospect of a drawn-out court battle, Pierro, Connor & Strauss, LLC is available to help. Our experienced team represents individuals, families, corporations, and others. We take the time to carefully understand our clients’ objectives, and craft strategies to avoid litigation, but can handle litigation when needed.

What is Probate?

Probate is the process of “proving” the will after the death of the will’s creator or ‘testator.’ It names an executor, who is charged with filing a petition and the original will in the Surrogate’s Court in the New York county where the decedent resided. The terms of the will must be approved by a judge in the Surrogate’s Court.

The petition includes the death date, all beneficiaries named in the will, and the estate’s estimated value. All heirs-at-laws (or distributees), a formal term for next of kin, are also listed. All beneficiaries, heirs-at-law, and other interested parties receive notice of the proceeding.

Once the will is verified, the court issues “letters testamentary” to the executor, giving he/her/they the authority to begin estate administration. Remember that the executor can be personally liable to beneficiaries if they do not perform their duties properly.

Albany Will Planning Team

Louis W. Pierro

AARON E. CONNOR

Michael P. Mullaney

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Probate Complications

Most executors are family members, and many are unfamiliar with the probate process. During this period, they are also dealing with their grief over the loss of their loved one. While no law requires hiring a lawyer when dealing with probate, it is wise to do so.

During the probate process, complications may arise, which include the following:

The person named as executor is unable or unwilling to serve, necessitating the appointment of another executor by the court.
Claims that another will supersede the document filed in court.
Disputes over the estate’s value.
Large debts that affect estate assets.
An individual who receives governmental benefits is set to inherit a large sum.
A child, grandchild, or other family member was not mentioned in the will.

Do I need to probate the estate if there is No Will?

If there is no will, the decedent is said to have died “intestate.” His or her estate is then managed by an “administrator” appointed by the Surrogate’s court; the administrator being the person at the top of those persons appointed to have priority to act.

An Albany Estate and Trust Administration Lawyer may represent parties on either side of a will or estate administration. Pierro, Connor & Strauss often represents the beneficiaries or potential heirs with legitimate concerns about how their loved ones’ wills were created or how the executors have handled the administration. Other times, our probate litigators provide legal guidance and defend against challenges to the executor under New York Law.

Our Services

At Pierro, Connor & Strauss LLC, our client-centered approach, personalized service, and legal knowledge provide a competitive edge. Our services include:

Estate Administration

The executor’s duties include collecting and inventorying estate assets, managing those assets for the benefit of heirs and beneficiaries, paying debts and taxes, filing an accounting of the estate with the court, re-titling assets, and then distributing assets as directed in the will. Sometimes, an executor is required to create different trusts and administer them under the terms of the will. Depending on the nature and size of the estate, it is often a daunting task.

An Albany probate lawyer can help the executor with all estate-related tasks. We prepare all documents and provide advice on all estate-related matters.

Will Validation

The court must declare that the will is valid in that it was prepared correctly, signed, and witnessed following state law at the time of signing.

Resolving Disputes

We are sensitive to the family dynamics that may lie at the heart of a dispute. Emotions run high after the death of a family member. Sometimes, these disputes can lead to litigation. With a sound estate plan in place, these disputes are minimized.

Senior man and woman look at documents together on the couch in their living room

Tax and Debt Settlement

Before assets are distributed to beneficiaries, all taxes and debts must be settled. Creditors of the estate have seven months from the time the executor is appointed to file a claim. Certain debts, such as reasonable funeral costs, estate administration expenses, federal and state debts, property taxes, and court judgments, take precedence over other debts. The executor may have to sell estate assets to pay them.

The decedent’s final tax return must be filed. In 2024, estates valued at more than $6.940 million are subject to New York estate tax. The amount subject to exclusion changes annually. Estates must pay the tax due within nine months of the decedent’s death. We work with clients to ensure these issues are handled properly.

Avoiding Probate

Experienced trust and estate planning lawyers will most likely tell you the way to sidestep these troubles is to avoid probate. That is accomplished by having a trust, most likely a revocable trust. That holds title to your individually owned assets for your lifetime. You can also have a revocable trust to hold the assets of you and your spouse. The trust ends when you (or both you and your wife) die and the remaining trust assets are distributed to your chosen beneficiaries. No court interventions; no delays; minimal cost. And even a disgruntled heir will think twice before making trouble via litigation. You have the power (and the money in the trust to pay for any litigation without having to use personal funds to beat back a probate contest in Surrogate’s Court).

Meet Our Team

Our team of Albany probate lawyers possess a wealth of legal expertise and a commitment to client success.

Louis W. Pierro, Esq.

Founding Partner Louis W. Pierro, Esq. serves clients in the areas of Estate Planning, Estate and Trust Administration, Business Succession Planning, Elder Law, and Special Needs Planning. He speaks frequently nationwide on legal issues relating to estate planning, elder law, and business planning.

Aaron E. Connor, Esq.

Managing Partner Aaron E. Connor, Esq. is a seasoned litigator, focusing on the areas of guardianship, will and trust contests, and other estate-related litigation. He regularly handles complex trust and estate litigation matters and assists clients in obtaining their fair share through discovery, litigation, and negotiation.

Michael P. Mullaney, Esq.

Senior Counsel Michael P. Mullaney, Esq. assists families following the loss of a loved one or close friend through the probate and administration of wills and trusts. He works with an experienced and talented team at Pierro, Connor & Strauss guiding executors and trustees through complex estates in a smooth and tax-efficient manner and seeing that a person’s wishes and objectives are carried out without delay for the family.

Schedule a Consultation at Pierro, Connor & Strauss LLC

Even the smoothest uncontested estate administration process can be a time-consuming and somewhat bumpy legal process. That’s why retaining an experienced trusts and estate planning attorney is so essential. Talk to an Albany Estate Planning Attorney today by scheduling a no-obligation, confidential consultation.

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