Estate administration Rockland County & New York State
Contrary to popular belief, when a person dies without a will, his estate is not paid to the state. Rather, it is administered in accordance with laws of the State of New York, by a court-appointed representative, referred to as the administrator of the estate, and ultimately distributed to those defined by the law. This process is referred to as an intestacy proceeding. By contrast, if the person who has passed away has a will, the proceeding is referred to a Probate proceeding, pursuant to which the court authenticates the will and the person named as executor becomes the legal representative of the estate. With a will, the estate is ultimately distributed as provided in the will. Whether the estate is to administered according to an Intestacy proceeding (no will) or a Probate proceeding (with a will), the administration process is otherwise the same.
The executor (with a will) or the administrator (without a will), is responsible for the settlement of the estate according to the laws of New York State. The executor or administrator, as the case may be, is responsible for the collection of all the assets of the person who has passed. They must settle all debts and claims against the estate, file any and all necessary income and estate tax returns and pay any all taxes due. Ultimately, they distribute the remaining assets of the estate according to the terms of the will or, if there is no will, according to the laws of New York State
The law offices of Albert J Kaiser can assist Rockland County and other New York State residents with the administration of an estate whether there is a will or not.
Why Rockland County & NYS residents choose Albert J Kaiser for the administration of their estate
Albert J Kaiser has over 30 years of experience and has personally probated hundreds of wills and represented many clients in intestacy proceedings. Mr. Kaiser offers his clients all services necessary to completely and thoroughly administer any estate, whether large or small, probate or intestacy. Al’s LLM (masters in tax for attorneys) allows him to do everything under one roof, making life much simpler and easier for the estate’s legal representative whether an executor or administrator. The legal representative will have the peace of mind of knowing that the administration process will be achieved accurately and efficiently, fully protecting the representative from any and all liability for failing to fulfill his/her legal obligations to the estate and its beneficiaries.
Estate Administration services provided by Albert J Kaiser:
- Probate the will or cause an administrator to be appointed;
- Marshall the assets – assist the executor/ administrator to bring all assets under his/he control and management;
- Liquidate the assets – including representation of the executor/ administrator in the sale of real property and assistance in selling securities;
- Evaluate and settle all bills and claims against the estate;
- Satisfy all administration expenses;
- Prepare and file decedent’s final income tax returns and estate income tax returns and estate tax returns (if necessary);
- Prepare an accounting – this is a financial statement reflecting the all of the financial details of the estate and submitted to all beneficiaries for their approval;
- Settle the estate – prepare and obtain the necessary releases to be executed by the beneficiaries and creditors of the estate releasing the legal representative of the estate of uther liability;
- Initiate judicial accounting proceedings -In a case where the creditors or beneficiaries refuse to or are incapable of approving the accounting, the accounting is submitted to the court for their approval;
- Close the estate;
If you live in Rockland County or New York State and want to set a no-obligation appointment to discuss your estate administration needs call the laws of Albert J Kaiser, P.C. at 845-634-3700