The New York Surrogate’s Court Procedure Act defines the word estate as “all of the property of a decedent, trust, internee or person for whom a guardian has been appointed.” Estate administration is the process of collecting and preserving or investing the assets of an estate and prioritizing and paying all claims of creditors and beneficiaries. This process is carried out by the authorized fiduciary of the estate, such as the executor, administrator, trustee, or guardian.

Trusts and Estates litigation is generally the disputes and legal proceedings that arise in connection with an estate. This type of litigation typically occurs after someone has passed away. There are several causes of estate litigation. Some common examples include a contest of a Will or trust agreement, disputes over the appointment or removal of an executor, trustee, administrator or other fiduciary, an executor or trustee accounting, and proceedings to discover and recover property to or from an estate.

The New York Mental Hygiene Law, Article 81, allows for the Court to appoint a guardian for an adult if the Court determines that an appointment is necessary to provide for the adult’s personal needs, such as food, clothing, shelter, health care or safety, and/or to manage their financial affairs, and the person in need of a guardian either agrees to the appointment or is incapacitated. The appointed guardian will be granted only those powers which are necessary while affording the person in need of a guardian the greatest amount of independence and self-determination in light of their understanding and appreciation of the nature and consequences of his or her functional limitations.