Estate Planning, Trusts & Estate Administration
Estate planning is about preserving control over your assets, protecting your family’s financial security, and ensuring your wishes are carried out without unnecessary court intervention or tax friction. Without a comprehensive legal plan, New York statutory default rules dictate who manages your estate, who receives your property, and who cares for your minor children, often with unintended, costly consequences.
At Rha Kim Grossman & McIlwain, LLP, we design customized estate plans that reflect each client's unique family dynamics, business holdings, and long-term financial goals. Beyond planning, our attorneys represent executors, administrators, trustees, and beneficiaries through the intricacies of New York Surrogate’s Court practice, from uncontested probate proceedings to complex, high-stakes estate litigation.
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A complete estate plan provides immediate protection during your lifetime while establishing a seamless transition of assets upon death. We craft customized, comprehensive plans that address both financial administration and personal healthcare decisions:
Last Will and Testament: Establishes the distribution of probate assets, nominates trusted executors to manage your estate, and designates legal guardians for minor children.
Durable Powers of Attorney: Authorizes a designated agent to manage your financial, real estate, and business affairs in the event of incapacity, preventing the necessity of an expensive court-appointed guardianship proceeding under New York’s Mental Hygiene Law.
Healthcare Proxies and Living Wills: Designates a healthcare agent to make medical decisions if you are unable to do so, while documenting end-of-life care preferences and life-sustaining treatment instructions.
Disposition of Remains: Specifies personal burial, cremation, and memorial wishes to provide clarity and prevent family discord during difficult transitions.
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Trusts provide enhanced privacy, avoid the delay and public record of probate court, and allow grantors to place specific conditions on how and when assets are distributed to beneficiaries. We structure a wide range of trusts designed to achieve distinct asset preservation goals:
Revocable Living Trusts: Enable clients to maintain full control over assets during life while ensuring an immediate, private transfer to beneficiaries upon death without Surrogate’s Court involvement.
Irrevocable Trusts: Provide asset protection against potential future creditors, shield real estate and liquid capital, and facilitate long-term tax and Medicaid planning.
Supplemental Needs Trusts (SNTs): Ensure that family members with disabilities or special needs receive vital financial support from an inheritance without disqualifying them from essential government assistance programs such as SSI or Medicaid.
Spendthrift and Generation-Skipping Trusts: Protect inherited assets from a beneficiary's potential creditors, divorces, or financial mismanagement across generations.
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For entrepreneurs and closely held business owners, an estate plan must account for operational continuity. The sudden death or incapacitation of a partner or principal owner can paralyze a company, disrupt payroll, and create operational deadlocks between surviving partners and heirs.
We collaborate with business clients to integrate corporate governance with estate planning:
Structuring buy-sell agreements funded by life insurance or installment notes.
Drafting operating and shareholder agreements with clear transfer restrictions and management succession protocols.
Coordinating equity transfers to children or key executives while preserving operational leadership.
Planning for business valuation and tax exposure upon an owner’s passing.
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The loss of a family member brings profound grief, often compounded by administrative burdens. When an individual passes away with assets in New York, their estate must be administered through the Surrogate’s Court of the county where they resided.
We guide fiduciaries through every phase of estate administration:
Probate Proceedings: Admitting the decedent’s Last Will and Testament to probate, validating the instrument, and securing Letters Testamentary for the named executor.
Intestate Administration: When someone passes without a valid will, we petition the Surrogate’s Court for Letters of Administration on behalf of eligible distributees under New York’s intestacy statutes.
Estate Marshaling and Accounting: Assisting fiduciaries in locating and valuing estate assets, resolving valid creditor claims, liquidating estate property, and preparing informal or judicial accountings.
Trust Administration: Advising trustees on their legal duties under New York fiduciary law, managing distributions, maintaining accounting ledgers, and closing out trusts upon termination.
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When disagreements arise among heirs, fiduciaries, or disinherited family members, estate administration can quickly become contentious. Navigating Surrogate’s Court disputes requires litigators who understand both complex procedural rules and trial advocacy.
Our firm represents fiduciaries and beneficiaries in high-stakes estate litigation, including:
Will Contests: Conducting pre-objection document discovery and examining drafting attorneys and attesting witnesses under oath regarding testamentary capacity, undue influence, duress, or improper execution.
Fiduciary Removal Proceedings: Petitioning for the suspension or removal of executors or trustees for breach of fiduciary duty, commingling assets, self-dealing, or mismanagement of estate property.
Kinship Proceedings: Proving legal relationship and heirship in complex estates where the decedent left no immediate family and surviving distributees must be traced through extensive genealogical and historical records.
Contested Accountings and Claims: Defending or challenging formal judicial accountings, disputed creditor claims, and spousal right-of-election claims.
Protecting Your Legacy with Strategic Counsel
Whether you are creating a comprehensive estate plan to protect your life's work or managing the legal and fiduciary duties of administering a loved one's estate, our attorneys provide clear, steady, and meticulous guidance.
Contact our office to schedule a confidential consultation to discuss your estate planning or administration needs.