Estate Administration - Bernard Law P.C.

Can a Surviving Spouse Challenge an Estate Plan That Leaves Them With Nothing?

When someone passes away and leaves real estate behind, it is common for beneficiaries to disagree about what should happen next. One person might want to sell the property right away, while another may want to keep the family home or continue using it. These situations often lead to a key legal question: Can an […]

Posted on: October 25, 2026

What Happens When a Beneficiary Accuses a Trustee of Self-Dealing?

A trustee does more than just hold property for someone else. As a fiduciary, a trustee has a legal duty to manage trust property for the benefit of the beneficiaries and follow the trust’s terms. If a beneficiary thinks the trustee has used trust assets for personal gain, favored one beneficiary unfairly, or made deals […]

Posted on: October 20, 2026

What Happens When a Trustee Mismanages Investments Held in a New York Trust?

When someone agrees to serve as trustee of a New York trust, that person takes on more than an administrative role. A trustee may be responsible for managing investments, preserving trust assets, making distributions, keeping records, and balancing the interests of current and future beneficiaries. If investment decisions are careless, overly concentrated, self-interested, or inconsistent […]

Posted on: October 19, 2026

Should Your Vacation Home Or Condo Stay In The Family Forever?

A family vacation home often means more than just real estate. It can be where children spent their summers, where grandchildren gather for holidays, or where generations have made lasting memories. Because of these strong ties, many clients tell us they hope the property will “stay in the family forever.” We understand this wish, but […]

Posted on: October 2, 2026

Can A Beneficiary Sue An Executor In New York?

Yes, a beneficiary may sue an executor in New York when the executor fails to properly administer an estate or breaches a fiduciary duty. However, disagreement with an executor’s decision does not automatically establish misconduct. Executors are given considerable authority to collect assets, pay legitimate expenses and claims, manage property, make certain investment decisions, and […]

Posted on: September 30, 2026

What Happens If An Executor Refuses To Communicate With Beneficiaries?

When someone is appointed executor of an estate, beneficiaries understandably expect information about what is happening with the estate and when distributions may occur. Estate administration can take time, particularly when there are tax issues, real estate, creditor claims, or disputes, but extended silence from an executor can create legitimate concerns. Beneficiaries may begin wondering […]

Posted on: September 29, 2026

What Rights Do Trust Beneficiaries Have In New York?

Being named a trust beneficiary can create valuable rights, but it does not mean the beneficiary controls the trust or can demand money whenever they want. In New York, the trustee must administer the trust according to its terms and applicable law, while beneficiaries are entitled to have those duties performed properly. Problems often arise […]

Posted on: September 26, 2026

What Happens If A Beneficiary Is Disabled When You Die In New York?

Leaving an inheritance to a loved one with a disability requires considerably more planning than simply naming that person in a will. A direct inheritance can provide financial security, but it can also unintentionally interfere with government benefits, expose assets to poor financial management, or leave important decisions in a court's hands. We regularly advise […]

Posted on: September 23, 2026

Should You Place Rental Properties Into A Trust?

Owning rental property in Suffolk County can help you build wealth, but it also brings up estate planning questions that don’t usually come with personal assets. Many people ask if they should put their rental property into a trust. The answer depends on your goals, how you own the property, whether there’s a mortgage, your […]

Posted on: September 21, 2026

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