Probate & Estate Administration
Managing a person’s affairs after they pass away is referred to as estate administration. Estate administration is the process by which a person's assets are collected, maintained, and distributed among creditors, heirs and beneficiaries according to the person's will and the laws of New York.
When an individual dies, some of the person's assets may be transferred by trust, joint and survivorship property, payable on death accounts, transfer on death property, and beneficiaries named under life insurance and retirement benefits. These are non-probate assets. Other assets must be transferred through proceedings in probate court and these are called probate assets. Most people die owning both probate and non-probate assets.
Overseeing the estate through a probate or administrative process is a complex process, involving a thorough cataloguing of all assets and debts of the person, managing estate taxes, distributing the estate assets to the appropriate beneficiary, and accounting to beneficiaries for the assets of the estate. Because of the complexity and possibility for mismanagement, it's highly advisable for an appointed executor to consult with an attorney experienced in the areas of estate administration.
Probate
When someone dies with a will, the property remaining in their possession goes through probate, a lengthy process where a court ensures that the person's estate pays off any debts he may have had and that the remaining property is distributed in accordance with that person's wishes and the law. In a will, a person typically appoints an executor to oversee management of the estate through the probate process.
Overseeing the estate through the probate process is a complex process, involving a thorough cataloguing of all assets and debts of the person, managing estate taxes, distributing the estate assets to the appropriate beneficiary, and accounting to beneficiaries for the assets of the estate. Because of the complexity and possibility for mismanagement, it's highly advisable for an appointed executor to consult with an attorney experienced in the areas of estate administration.
Avoiding Probate
While probate can be a time-consuming and costly process, there are some ways to mitigate its impact on your estate. Property transferred into a trust during a person's lifetime is not subject to probate. Likewise, property held jointly with someone else may not be subject to probate under some circumstances. Additionally, certain types of property, including some types of life insurance, IRA accounts, or other accounts that include a named living beneficiary may not have to go through the probate process.
Trust Administration
At Dienstag Law PLLC, we guide trustees, beneficiaries, and families through the complex and often sensitive process of trust administration. Whether a trust is revocable or irrevocable, simple or multi-generational, proper administration requires a deep understanding of fiduciary duties, tax compliance, legal reporting requirements, and family dynamics.
Our goal is to ensure that trustees fulfill their legal obligations with confidence, and that beneficiaries receive clear, consistent communication and appropriate distributions—always in accordance with the terms of the trust and applicable law.
Counsel for Trustees
Acting as a trustee carries significant responsibility—and personal liability. We provide ongoing legal counsel to individual and corporate trustees, helping them navigate all aspects of trust administration, including:
Interpretation of Trust Terms: Clarifying trustee powers, distribution standards, and dispositive provisions
Fiduciary Duties: Advising on duties of loyalty, impartiality, prudence, and proper recordkeeping
Trust Accounting: Preparing or reviewing accountings and ensuring compliance with Surrogate’s Court and statutory requirements
Distributions and Beneficiary Management: Structuring and documenting distributions in accordance with the trust instrument and applicable tax considerations
Income Tax Compliance: Guiding trustees through fiduciary income tax filings (Form 1041), K-1 preparation, and planning around DNI and distribution timing
Asset Management and Valuation: Coordinating with investment advisors, appraisers, and custodians to ensure proper trust asset oversight
Guidance for Beneficiaries
We also represent beneficiaries seeking clarity about their rights under a trust. Whether you are a current or future beneficiary, we advise on:
Your entitlement to trust information and accountings
The trustee’s duties to you
Distributions, disclaimers, or planning opportunities
Dispute resolution, mediation, and—in limited cases—litigation
Estate Tax and Trust Funding
Trust administration often begins at a moment of grief. For families dealing with the death of a loved one, we assist with post-mortem trust funding, asset titling, allocation of GST exemption, and coordination with the overall estate administration process. Our approach is technically sound and deeply respectful of the emotional and practical needs of the moment.
A Trusted Partner in the Ongoing Life of the Trust
Trusts are not set-it-and-forget-it instruments. They require experienced, responsive legal counsel that adapts to changes in tax law, family circumstances, and asset composition. At Dienstag Law PLLC, we take a long-term view—helping trustees and families administer trusts properly today, and preserve them for tomorrow.
If you are serving as a trustee or are a beneficiary of a trust, we welcome the opportunity to serve as your trusted advisor throughout the life of the trust.
Intestate Administration
If someone dies without a will, then their property goes through an administration proceeding instead of probate. The court will determine the beneficiaries of your estate, regardless of any expressed wishes or intent. Any close family member may ask the court to appoint them the administrator of the estate, with the same duties and responsibilities of the executor in a probate proceeding. If multiple people request to be appointed administrator, this can result in significant loss to the estate as time and money are spent in litigation to determine who the ultimate administrator will be.
Wills Are Better Than Dying Intestate
If you write a will, it clearly establishes who you want to receive your assets and who you want to deal with the administration of your estate. In contrast, if you die without a will, your family may be subject to delays, additional costs and expenses in the intestacy proceeding. In intestacy, the State of New York determines who your beneficiaries are and who will become your administrator. The State of New York does not know what your real intentions were concerning your Estate and who you wanted to Administrate it. Therefore, it is highly recommended you execute a professionally drafted will and ensure you do not die intestate.
Accounting
Before the estate is closed, the executor prepares a final accounting of the estate. The final accounting informs the court and beneficiaries of all estate transactions, including assets collected, estate administration expenses and distributions made. At the close of the estate, the executor requests relief from duties as the executor and the estate is closed.
Fiduciary Income Tax Planning
At Dienstag Law PLLC, we provide strategic and detail-oriented fiduciary income tax planning services to trustees, executors, and beneficiaries of estates and trusts. Fiduciary income taxation is a complex and highly nuanced area of law. Whether you are administering a revocable or irrevocable trust, or managing the tax implications of a decedent's estate, our firm helps you navigate the intricate tax rules that govern fiduciary entities at both the federal and state levels.
We work closely with fiduciaries and their accountants to minimize tax exposure, ensure compliance with filing requirements, and evaluate timing strategies for income distribution versus retention. Our planning services include:
Advising on income tax consequences of trust distributions
Structuring distributions to minimize overall tax liability
Planning for the 65-day rule and other discretionary distribution timing opportunities
Coordinating with estate tax and gift tax strategies
Evaluating the impact of grantor trust status and termination
Reviewing state residency and source-of-income rules that may trigger unexpected tax consequences
Whether you are dealing with a simple probate estate or a complex multi-generational trust, our goal is to ensure that fiduciaries are well-advised and protected, and that beneficiaries receive the maximum possible benefit.
Let Dienstag Law guide you through the fiduciary tax landscape with clarity, precision, and foresight.
Property Closings
Some assets don't lend themselves to simple transfer to beneficiaries and survivors. Real property, in particular, involves a number of complex issues, including property valuation, contract negotiation, deed preparation and other transfer documentation, and handling associated tax matters. The Law Offices of Robert Dienstag can advise and assist trustees, executors, and administrators in handling the complexities of real property transfer, as well as other aspects of trust administration.