Estate Administration in New York: Compassionate Guidance During a Difficult Time

September 23, 2025

This is a subtitle for your new post

Losing a loved one is never easy, and the responsibilities that follow can often feel overwhelming. From locating important documents to handling taxes and distributing assets, the estate administration process is a complex journey — especially for grieving families.



At Auerbach Law Group, P.C., we are committed to easing that burden. Our estate administration attorneys in New York provide compassionate, detail-oriented support so you can focus on healing while we handle the legal complexities.


What Is Estate Administration?

Estate administration is the legal process of settling a deceased person’s affairs and ensuring their assets are distributed appropriately. This may include:


  • Reviewing and validating wills or trusts
  • Paying outstanding debts and taxes
  • Locating and securing assets such as bank accounts, investments, or property
  • Filing the decedent’s final tax return
  • Managing probate, if necessary
  • Distributing assets to beneficiaries


Because each family’s situation is unique, the process can range from straightforward to highly complex.


Estate Administration With a Will vs. Without a Will

  • When There Is a Will
    The process involves verifying the will’s validity, appointing an executor, and following the instructions outlined in the document.


  • When There Is No Will
    The estate is handled under New York’s intestacy laws. This can make asset distribution more complicated and emotionally challenging, especially when disagreements arise among family members.


At Auerbach Law Group, we help families through both situations, ensuring assets are properly distributed while protecting your loved one’s final wishes.


The Challenges Families May Face

Families often encounter obstacles that make estate administration especially stressful, such as:


  • Disputes over the validity of a will
  • Conflicts between beneficiaries
  • Unexpected claims against the estate
  • Locating life insurance policies, retirement accounts, or hidden assets
  • Handling the decedent’s outstanding debts and taxes


Without skilled legal guidance, these challenges can delay the process and increase emotional strain.


Why Work With an Estate Administration Attorney in New York?

Handling estate matters on your own can be overwhelming — and mistakes can lead to unnecessary delays or legal complications. Our attorneys provide:


  • Compassionate support to guide you through every step
  • Meticulous review of legal documents to ensure accuracy
  • Defense against improper claims on the estate
  • Assistance with probate and tax filings
  • Tailored planning advice for your own future estate needs


We also understand that this process often inspires families to revisit their own estate plans, ensuring smoother transitions for future generations.


Choose the Level of Support You Need

Every family’s needs are different. Some clients prefer us to handle the entire estate administration process, while others choose a more collaborative approach. At Auerbach Law Group, we’re here to provide the level of support that works best for you and your family.


Begin the Process With Trusted Guidance

You don’t have to shoulder the burden of estate administration alone. With the right guidance, you can ensure that your loved one’s wishes are honored and that the process is as smooth as possible.

Hands with miniature house, pen, and documents at a desk; business meeting.
December 16, 2025
Why Estate Planning Matters in New York: Wills, Trusts, and Peace of Mind
Woman in blue blazer points pen at laptop, representing business disputes in New York.
November 18, 2025
Resolving Business Disputes in New York: Why Legal Strategy Matters
Calculator, tax forms, cash, and pen on a desk, suggesting IRS audit representation in NY.
October 21, 2025
How to Handle an IRS Audit: What You Should Know Before Responding
A bunch of papers are falling from the sky.
August 26, 2025
Tax Controversies in New York: Protecting Your Rights Against the IRS and State Authorities
A judge is holding a wooden gavel in front of a laptop computer.
July 29, 2025
What to Expect When Your Case Goes to Federal Tax Court in New York
A man and a woman are sitting at a table looking at a tablet.
June 3, 2025
What New York Entrepreneurs Need to Know About Business Formation
May 6, 2025
Estate and Trust Planning Solutions for Families and Business Owners in New York
Two men are shaking hands in an office.
April 8, 2025
Discover how to form an LLC in New York with ease. Follow our detailed guide on naming your LLC, filing paperwork, publishing notices, and meeting state requirements. Auerbach Law Group, P.C. provides experienced legal support to streamline the process.
A desk with a laptop , papers , a notebook , a pen and a pair of glasses.
By Auerbach Law Group, P.C. February 28, 2025
Filing a false tax return is a serious offense that can lead to severe penalties, including fines and imprisonment. However, individuals accused of this crime may have legal defenses that can help challenge the charges. Understanding these defenses is essential for anyone facing allegations of tax fraud. Lack of intent to deceive One of the strongest defenses in a false tax return case is proving a lack of intent. The prosecution must show that the taxpayer willfully misrepresented information. Honest mistakes, such as miscalculations or misunderstandings of tax laws, do not meet the legal standard for fraud. If errors were made without intent to deceive, this defense may apply. Reliance on a tax professional Many taxpayers seek assistance from accountants or tax preparers. If an error occurred due to a professional’s mistake, this could serve as a defense. Demonstrating reliance on a tax expert , especially if the taxpayer provided accurate information, may help argue against willful wrongdoing. Insufficient evidence The burden of proof lies with the government. Prosecutors must present clear and convincing evidence that a taxpayer knowingly submitted false information. If the evidence is weak, inconsistent, or based on assumptions rather than facts, the defense can challenge the case’s credibility. Statute of limitations Tax fraud cases have a limited time frame for prosecution. Generally, the Internal Revenue Service (IRS) has six years to bring charges for criminal tax violations. If authorities pursue a case after this period, the defense can argue that the charges should be dismissed. Correcting the mistake If a taxpayer voluntarily corrects errors before the IRS begins an investigation, it may demonstrate good faith. Filing an amended return or paying the owed amount can help reduce penalties and weaken the prosecution’s case. Allegations of filing a false tax return require a strong legal strategy. Understanding the available defenses and acting quickly can help those accused of tax fraud challenge the charges effectively.
A woman is sitting on a couch talking to a man.
By Auerbach Law Group, P.C. February 26, 2025
The IRS issues trust fund recovery penalties (TFRPs) to hold individuals personally responsible for unpaid payroll taxes. Employers must withhold income and payroll taxes from employees’ wages and remit them to the IRS. If a business fails to do so, the IRS can assess TFRPs against responsible individuals, including business owners, officers, or employees who manage financial decisions. Determining responsibility and willfulness To impose a TFRP, the IRS must establish that the individual was responsible for collecting, accounting for, or paying employment taxes. The IRS also needs to prove that the responsible person acted willfully in failing to remit the taxes. Willfulness does not require fraudulent intent; a voluntary, conscious decision to pay other obligations before tax liabilities is enough to meet this standard. Requesting an appeal Taxpayers can challenge a TFRP assessment through an IRS appeal. After receiving a proposed assessment, the taxpayer can submit a written protest within 60 days (75 days for cases outside the U.S.). The protest should provide evidence and arguments explaining why the assessment is incorrect. This process allows taxpayers to present their case before an independent IRS appeals officer. Contesting liability in tax court If an appeal does not resolve the issue, taxpayers can challenge the assessment in the U.S. Tax Court, the Court of Federal Claims, or a U.S. District Court. To proceed in district court or the Court of Federal Claims, the taxpayer must first pay a portion of the penalty and file a refund claim with the IRS. If the IRS denies the claim or does not respond within six months, the taxpayer can file a lawsuit. Providing evidence to support the case Strong documentation is essential for disputing TFRPs. Evidence such as emails, financial records, and witness testimony can demonstrate that the individual lacked responsibility or did not act willfully. Legal counsel can help present a well-supported case to the IRS or the courts. Taxpayers facing TFRP assessments should seek guidance from professionals who are knowledgeable in tax matters. These individuals can analyze the case, gather evidence, and navigate the appeals process. Proper preparation and a strong defense increase the chances of a favorable outcome and minimize financial liability.