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Estate administration and probate: When things go wrong

When a loved one dies, many surviving family members are surprised to find out that the estate process is more complicated than they expected. How smoothly the process works is largely dependent on how well the person set his or her affairs in order, but even when everything appears to have been accounted and planned for, the unexpected can still happen.

During the probate process, the executor of the estate is responsible for ensuring that the person's wishes are carried out according to the will. In some cases, the will specifically names someone to act as the administrator of the estate, but in situations where a person dies without a will or did not specify who should be in charge, the court may have to make a determination over who will oversee the estate administration.

There are countless issues that can come up during the estate administration and probate process, including the will being contested, challenges over who should be named executor and accusations of breach of fiduciary duty. These are issues that should be far from the minds of grieving family members, but they are also an all too common reality.

If and when these issues do arise or you simply have questions about the estate administration and probate process, an attorney who specializes in estate law can be a valuable resource. At Weinstein & Randisi, we have more than 50 years of experience in New York estate administration and probate cases and can help you make sense of legal issues during this trying emotional time. Contacting us to go over the specifics of your situation is the first step.

Source: Weinstein & Randisi, "Rochester Estate Administration Lawyers" Sep. 15, 2014

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