Steven D. Fleischer Esq. PLLC

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Probate

Probate & Estate Administration

The loss of a loved one often leaves families facing unfamiliar and complex legal procedures. Probate and estate administration can be daunting—but with the right attorney, it doesn’t have to be overwhelming. Steve Fleischer helps clients move through these steps with clarity, compassion, and a steady hand.

With decades of legal experience and a deep appreciation for family dynamics, Steve knows that successful estate administration isn’t just about documents—it’s about communication, responsiveness, and thoughtful planning. He works closely with executors and family members to ensure the process is respectful, thorough, and legally sound.

What You Should Expect

When retaining an attorney to handle probate and estate administration, here are some key responsibilities that Steve will help manage:

  1. Will Validation & Court Filing
    • A properly drafted Will sets the stage for smoother proceedings.
    • The Surrogate’s Court reviews and approves the Will, issuing Letters Testamentary to the named Executor, or Letters of Administration if no Will exists.
    • The original Will—staples intact—must be produced, and a copy of the Petition for Letters must be served on all distributees, even those not named in the Will, allowing them to contest if necessary.
  2. Establishing the Estate
    • After receiving Letters, the Executor obtains a tax ID (EIN), opens an estate account, and begins marshalling assets—locating them and transferring them to estate-controlled accounts.
  3. Managing Debts & Liabilities
    • Unpaid debts (including taxes and Medicaid liens) must be resolved before inheritances are distributed.
  4. Handling Real Estate
    • Properties must be managed, prepared for sale, or transferred according to the Will. Sale of real property often requires a Federal and/or NYS Release of Lien.The title companies representing the buyer will want to know that there are no estate tax issues before they accept the transfer of title to the buyer and give the estate that check for the property.
  5. Appraisals & Valuations
    • Date-of-death appraisals for homes, co-ops, and high-value assets establish a new cost basis for tax purposes and are essential to long-term estate planning.
  6. Accounting & Executor Compensation
    • Formal or informal accountings of estate activity are often required, including income, expenses, and asset transfers.
    • Executor commissions are calculated under NYS law based on a sliding percentage tied to the estate’s value.
  7. Tax Filings
    • Steve ensures proper filing of unpaid income taxes owed by the decedent and fiduciary income taxes on estate-generated income.
  8. Finalizing Distributions
    • Beneficiaries must sign Receipts and Releases before inheritances can be paid, protecting all parties from future disputes.

Experience and Empathy You Can Trust

Steve believes the process should not only be legally correct—but emotionally supportive. He’s the kind of attorney clients feel comfortable calling with questions, and he ensures that family members are kept informed and reassured throughout. In turn, he values working with Executors who are attentive, responsive, and committed to handling the details.

From start to finish, Steve offers more than representation—he offers resolution. His goal is to bring order to complexity and to help families honor the legacy of their loved one with clarity and respect.

1. Will Validation & Court Filing

  • A properly drafted Will sets the stage for smoother proceedings.
  • The Surrogate’s Court reviews and approves the Will, issuing Letters Testamentary to the named Executor, or Letters of Administration if no Will exists.
  • The original Will—staples intact—must be produced, and a copy of the Petition for Letters must be served on all distributees, even those not named in the Will, allowing them to contest if necessary.

Estate Planning

Once the lifetime documentation is in place, my focus shifts to what might be needed to handle their affairs going forward. Estate planning for those with funds to protect will involve asset transfers to minimize NYS estate taxes or Federal estate taxes, and may involve the preparation of Revocable Trusts to hold assets and to avoid probate for assets transferred into those trusts. There are a host of trusts to consider, and my goal is to find the ones that work best for my clients.