New York estate planning attorney Yana Feldman (https://yanafeldmanlaw.com/executor-vs-administrator-what-is-the-difference-in-new-york/), of New York Legacy Lawyers, has shed light on the critical distinctions between an executor and an administrator in estate planning. With years of experience in estate planning and administration, Yana Feldman explains the importance of understanding these roles in the New York probate process.
As a New York estate planning attorney, Yana Feldman emphasizes that the executor and administrator, though similar in function, have different roles depending on the circumstances surrounding a deceased person’s estate. She points out that an executor is typically named in a will, granting them the legal authority to carry out the deceased’s wishes as outlined in the document. This role is crucial in ensuring that the deceased’s assets are distributed according to their explicit instructions.
On the other hand, if no will exists, the court appoints an administrator, as explained by the New York estate planning attorney. Yana Feldman notes that the absence of a will adds complexity to the process, often resulting in the distribution of assets according to New York’s intestacy laws. The administrator, in this scenario, must navigate the probate process without the guidance of a will, a responsibility that can be both challenging and time-consuming.
Yana Feldman further discusses the nuances of these roles, stressing the importance of choosing a responsible and trustworthy individual for either position. According to the New York estate planning attorney, an executor or administrator has fiduciary duties, meaning they are legally obligated to act in the best interest of the estate and its beneficiaries. Mishandling these duties can lead to legal complications, delays, and even personal liability.
“Selecting the right person to serve as an executor or administrator is a decision that should not be taken lightly,” said Yana Feldman. “The person chosen will be responsible for managing the estate, which includes settling debts, distributing assets, and handling any potential disputes that arise. It is a role that requires integrity, diligence, and a thorough understanding of the legal obligations involved.”
In the article, Yana Feldman also highlights the potential challenges that can arise during the probate process, particularly when there is no will. The New York estate planning attorney advises individuals to consider creating a comprehensive estate plan to avoid unnecessary complications. By doing so, one can further ensure that their assets are distributed according to their wishes, and their loved ones are spared the burden of a lengthy and potentially contentious probate process.
For those who have been named executors or appointed administrators, Yana Feldman can provide guidance on navigating the responsibilities that come with the role. The New York estate planning attorney advises seeking legal counsel to understand the scope of duties and help ensure compliance with New York’s probate laws. This proactive approach can prevent common pitfalls and help in the smooth administration of the estate.
Yana Feldman’s insights can be particularly valuable for New Yorkers who are planning their estates or who have been entrusted with the responsibility of managing a loved one’s estate. The New York estate planning attorney’s advice underscores the importance of clear communication, thorough preparation, and understanding the legal framework surrounding estate administration.
New Yorkers interested in learning more about estate planning, the roles of executors and administrators, or seeking assistance with probate matters are encouraged to consult with Yana Feldman at New York Legacy Lawyers. With her extensive experience as a New York estate planning attorney, Yana Feldman can provide the guidance and support needed to effectively navigate estate planning and administration.
About New York Legacy Lawyers:
New York Legacy Lawyers is a reputable law firm well-versed in estate planning and probate matters. Led by experienced New York estate planning attorney Yana Feldman, the firm is committed to providing personalized legal services that cater to the unique needs of each client. With a focus on integrity, transparency, and client satisfaction, New York Legacy Lawyers can be trusted with estate planning and administration in New York.
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