New York Probate Lawyer Blog
The settling of a decedent’s estate in New York may be relatively straight forward or frought with problems. As has been discussed in the many articles appearing in the New York Probate Lawyer Blog, the initial steps after a decedent’s death concern whether there was Last Will and Testament to be probated or, if none, then commencing an intestate administration proceeding. Whether the avenue is probate or intestacy there may be innumerable problems to be faced at the outset.
Where a Will is probated, a decedent’s heirs may decide to Contest a Will. A Will contest can embroil an estate in Surrogate’s Court litigation for years. Allegations regarding undue influence or lack of testamentary capacity may not be easily determined particularly where a decedent was subject to illnesses or circumstances tending to create vulnerability at the time a Will was signed.
Similarly, intestate administration may be complicated by issues concerning the authentication of a decedent’s heirs or distributees. Persons may claim to be a spouse or child whose credentials may be suspect. Also, long lost relatives, particularly distant heirs such as cousins, may be difficult to ascertain or locate.
Additionally, other problems may arise, as well. There may be claims that third parties or heirs manipulated or absconded with a decedent’s assets when the decedent was alive and these assets should be returned to the estate. Also, it may be that persons designated or appointed as Executors or Trustees are unfit to be approved or have breached their fiduciary duties in performing their administrative tasks.
Such is the situation which appears to have occurred with respect to the late singer Jimmy Buffet who died in 2023. The creator of “Margaritaville” created a trust in which his spouse Jane and financial advisor were named as co-trustees. Each of these parties have commenced litigation to have the other removed. Various claims of mismanagement and uncooperative actions pervade these lawsuits. The cases, which were filed in Florida and California, are summarized in an article by Lisa Willis dated June 10, 2025 appearing in Law.Com entitled “Margaritaville Meltdown: Jane Buffet Sues Co-Trustee Over $275M Estate”.
As can be seen from the above, handling and administering a decedent’s estate can be very difficult at times. Various trust and estate laws and requirements are involved including the procedures in the New York Surrogate’s Courts. I have been representing clients in all sorts of estate matters for over 40 years. If you have a question regarding a trust or estate and also Guardianship call me now for a free confidential review of your case. We provide reasonable and flexible fee arrangements and personal representation.
New York Trusts ad Estate Attorney Jules Martin Haas has helped many clients over the past 40 years resolve issues relating to guardianship and probate and estate settlement throughout New York City including the Bronx, Queens, Brooklyn, Manhattan, Nassau and Suffolk County. If you or someone you know has any questions regarding these matters, please contact me at (212) 355-2575 for an initial free consultation.