Probate · Trusts & Estates · Planning, Administration & Asset Protection Brooklyn · Manhattan · Queens · Bronx · Staten Island · Long Island
+1 212 518 3868 ms@schwartsmanlaw.com
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Probate, Trusts & Estates Services

Every aspect of personal planning, estate administration, and fiduciary representation — under one roof.

Services

Guardianships

Article 81 guardianships for incapacitated adults, SCPA Article 17-A guardianships for adults with intellectual or developmental disabilities, and SCPA Article 17 guardianships for minors — advocacy for those who cannot act for themselves.

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Who we help

Individuals and couples planning for their family, home and retirement savings; parents of minor or disabled children; owners of small businesses and investment property; families with relatives or assets abroad; and executors, administrators and trustees who have been handed an estate or trust to run. Our clients are in Brooklyn, Manhattan, Queens, Staten Island, the Bronx and Long Island, and we meet in person at three offices or by video.

How an engagement works

  1. Free consultation. A call or meeting of about 30 minutes to understand your situation and explain the options.
  2. Engagement letter. Written scope and fee before any work starts, so there are no surprises.
  3. Information gathering. A short checklist of documents and facts we need; we handle the court forms, filings and correspondence.
  4. Drafting or filing. Plans are drafted and reviewed with you before signing; estate and trust matters are filed in the Surrogate's Court and followed through to letters, accountings and distributions.
  5. Signing and follow-through. Supervised execution, funding of trusts, deed recording and a plan review when life changes.

Typical timelines

A standard estate plan (will, revocable or irrevocable trust, power of attorney, health care proxy) is usually signed within two to four weeks of the consultation. An uncontested probate or administration in New York City typically takes seven to twelve months from filing to final distribution; small estates under SCPA Article 13 take weeks. Contested matters, Medicaid applications and estates with real estate sales or foreign assets take longer, and we tell you the realistic range at the start.

What drives cost

Planning work is usually quoted as a flat fee that depends on the documents needed and the complexity of the family and assets. Estate administration is billed by the hour or as a fee agreed with the fiduciary; court filing fees are set by SCPA 2402 and depend on the size of the estate. Factors that raise cost: real property in more than one state, business interests, foreign assets or heirs, disputes among family members, and tax returns (federal Form 706, New York ET-706, fiduciary Form 1041). The consultation is free and the engagement letter states the fee before work begins.

Next step

Call +1 212 518 3868 or request a free consultation. Bring whatever you have: an existing will or trust, a deed, a death certificate, a court notice. If you are not sure which service you need, start with the Estate Clarity tool or simply describe the situation and we will point you to the right page.

FAQ

Services — FAQ

Do I need a will or a trust?

A will alone passes through probate; a funded revocable trust avoids it for the assets placed in the trust. Most New York families with a home, retirement accounts and beneficiaries in more than one generation benefit from a plan that uses both, with the trust holding the home and a short pour-over will catching anything left out.

How long does probate take in New York?

An uncontested probate in the Surrogate's Courts of Kings, New York, Queens or Nassau County typically takes seven to twelve months from the filing of the petition to the final distribution. Preliminary letters can be obtained sooner when the estate needs immediate action (SCPA 1412).

Can you help if the person died without a will?

Yes. We petition for letters of administration under SCPA Article 10, identify the distributees under EPTL 4-1.1, address any bond requirement and administer the estate through distribution.

Do you handle Medicaid and asset protection?

Yes. We design Medicaid asset protection trusts, advise on the five-year look-back for nursing home Medicaid, and structure gifts and trusts that protect a home or savings while keeping eligibility in view.

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Not sure where to start?

Tell us your situation in a free consultation and we'll map out exactly what you need — and what you don't.

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+1 212 518 3868