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New York City Attorney for Executors

The duties of an executor involve dealing with issues concerning a dead individuals property. The executor pays the decedents debts and taxes. He or she see’s to it that the assets are given to the individuals named in the will.

Fiduciary

An executor is a fiduciary. The executor has a duty to act in with a high degree of good faith and honesty concerning the handling of an estate.

Duties of an Executor

  • Locating the decedent’s assets and managing them until they are distributed to the individuals who inherit under the will.
  • Probating the will. In New York State wills must be probated in the Surrogate’s Court. The probate process involves the court accepting the will as being valid.
  • The handling of day to day issues involving the deceased assets. This involves notifying banks and government agencies, such as Social Security, Medicare and Department of Veterans Affairs of the decedent’s death. It also may involve paying debts and liquidating assets such as the sale of real estate or stocks and bonds.

Attorney for the Executor

The executor hires a lawyer to deal with the legal issues involved in probating the will and distributing assets. The lawyer representing the estate is actually the attorney for the executor and not the attorney representing the beneficiaries. If the beneficiaries desire they can retain their own lawyers to represent them and protect their interests in the estate proceeding. If the will is challenged the attorney for the executor litigates the challenge to the will in the Surrogates Court. If you are named as an executor feel free to call us to discuss your responsibilities and how we can help you!

With offices throughout the New York City metropolitan area, including Queens and Nassau counties, the Law Offices of Elliot S. Schlissel represents individuals, parents and grandparents in estate planning and elder law matters throughout the New York City area.