A Reliable Legal Team To Assist You In Wills, Trusts And Estate Matters
Whether a loved one has died, you have been appointed as a trustee or you face a dispute regarding an estate or trust, Wallace & Wallace, LLP, can help you. Our team of attorneys, paralegals and staff members is experienced in the trusts and estates arena and familiar with Surrogate Court’s practice. We are prepared to represent you in all of your trust and estate needs.
Probate And Administration Of Estates
When a loved one dies, the last thing you want to think about is commencing a proceeding in Surrogate Court to probate their will and administering the estate. Let Wallace & Wallace, LLP, in Poughkeepsie, take this burden off you.
Our estate administration team is prepared to assist you. We will guide you through each step of the process, from preparing and filing the initial petition with the Surrogate Court to probate the will and having a representative appointed through final accounting and distribution of estate assets.
If You Are The Estate’s Executor Or Administrator
The estate administration team of Wallace & Wallace, LLP, will be your right hand. We will explain your duties and responsibilities as the estate’s representative to ensure that the estate is administered properly and efficiently. We will assist you in the following:
- Explaining the probate and estate administration process during the initial consultation and discussing the details of your particular case
- Preparing and filing appropriate court documents
- Communicating with other attorneys, family members or interested parties
- Attending court appearances and related hearings
- Assisting with tax filings
- Assisting with collection of assets, including but not limited to bank accounts, bonds, stocks and payment of any estate debts
- Arranging for estate auctions/sales
- Arranging for appraisals of estate assets
- Preparing final accounting and assisting with the distribution and finalization of estate
If You Are A Family Member/Beneficiary Under A Will
Wallace & Wallace, LLP, can also assist you if you are not the executor or administrator of the estate but rather a family member or person named in the decedent’s will. Our lawyers will:
- Review the decedent’s estate planning documents, if any, and provide initial and ongoing consultation regarding your rights
- Communicate with the attorney for the executor or administrator regarding estate issues and any pending proceeding(s)
- Attend court appearances
- Prepare and file court documents to, among other things, contest the will, where appropriate, and/or contest the appointment of the proposed fiduciary
- Commence a proceeding to compel the fiduciary to account, compel distribution or compel turnover of any property in the hands of the fiduciary that is yours, where appropriate
- Review any accountings received from the fiduciary, and prepare and file any documents objecting to the accounting, where appropriate
In addition, if a dispute arises at any point during the administration of the estate, there is no need for you to find another lawyer. Wallace & Wallace, LLP, is prepared to assist you throughout the litigation process, including trial.
Our Services In Trust Administration
If you have been appointed as a trustee of a trust, someone entrusted you with their money/other valuables. As trustee, you have a duty to protect these assets, make them income-producing, and ensure that the trust assets are invested and distributed according to the trust creator’s wishes. This is a big responsibility.
The trust administration team of Wallace & Wallace, LLP, is prepared to assist you throughout every stage of the process to ensure that the trust is administered properly. Our attorneys will:
- Perform a thorough examination of the trust instrument as well as any other related estate planning documents
- Provide initial and ongoing consultation regarding your duties, as trustee, and the administration of the trust
- Arrange for the preparation of any tax returns
- Communicate with trust beneficiaries, other trustees or their attorneys
- Assist with distributions of trust income and principal
- Prepare and file court documents, where appropriate
- Attend court appearances and hearings
In addition, if a dispute arises at any stage of the trust administration, there is no need to find another lawyer. Wallace & Wallace, LLP, is prepared to represent you throughout the litigation process, including trial.
Amending/Terminating A Trust
If you wish to terminate a trust, the attorneys at Wallace & Wallace, LLP, will review the trust instrument. After a detailed evaluation, they will determine whether termination is an option and strive to help you achieve your goals as quickly and efficiently as possible.
Have An Attorney And Litigator In Your Corner
When a dispute arises involving an estate or a trust in New York, your first thought may either be to contact the attorney who prepared your will or to contact a trial attorney. However, not all trust and estate practitioners are trial attorneys and not all trial attorneys are familiar with the unique practice and procedure of the Surrogate Court, where estate and trust litigation typically takes place. Our lawyers are familiar with the Surrogate Court’s procedures and appear in Surrogate Court regularly.
Whether a dispute arises among the interested parties, Wallace & Wallace, LLP, will assist you throughout the litigation process, including trial if necessary. We will:
- Provide ongoing consultation regarding your case
- Prepare court filings including but not limited to petition, objections, motions, trial briefs/appeal briefs
- Communicate with other attorneys and parties in an attempt to resolve the dispute without trial, where appropriate
- Provide litigation strategy in an attempt to resolve the matter as quickly and efficiently as possible if dispute resolution is not possible
- Attend court appearances, hearings/trial
At Wallace & Wallace, LLP, we have more than 100 years of combined experience. We will make every reasonable effort to give you peace of mind and protect your interests and assets. Let us shoulder the burden of legal procedures.
Learn How We Can Help You
Call our Poughkeepsie office at 845-473-0900 or fill out our online contact form to schedule an appointment with one of our experienced lawyers and litigators. Our office is located at the Poughkeepsie Journal Building.