Private Client

Estate and Trust Administration

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Overview

Seward & Kissel’s Estate and Trust Administration practice advises fiduciaries and beneficiaries on the full lifecycle of estate and trust administration, from initial post-mortem planning through final distribution.

We represent executors, trustees, family members, and closely held business owners in managing the legal, tax, and practical complexities that arise in the administration process, often in highly sensitive and time-critical circumstances.

We bring deep experience navigating federal and state estate, gift, and income tax considerations, including the preparation of estate and fiduciary income tax returns, post-mortem tax planning, and the implementation of strategies designed to optimize tax outcomes, preserve value, and reflect practical judgment and sensitivity to the needs of fiduciaries and beneficiaries. Our team regularly advises on fiduciary duties, asset valuation, liquidity planning, and the administration of unique or illiquid assets, including private business interests, investment partnerships, real estate holdings, and tangible personal property such as art and collectibles, as well as digital assets, yachts and other vessels, and other high-value tangible property.

We also have significant experience administering estates with cross-border elements. We advise fiduciaries and beneficiaries on the complexities arising from foreign assets, offshore structures, and property located in multiple jurisdictions, working closely with local counsel to coordinate probate proceedings, tax compliance, and reporting obligations. Our approach is designed to minimize administrative burdens while addressing the interplay of US and foreign tax regimes and ensuring an efficient and compliant administration process.

We represent clients in estate and gift tax audits and controversies before the IRS and state taxing authorities and in proceedings before the Surrogate’s Courts in New York and New Jersey and Probate Courts in Connecticut. Where disputes arise, we work closely with our litigation colleagues to resolve contested matters efficiently, while remaining mindful of the personal and family dynamics often underpinning these situations.

Our approach combines technical excellence with practical judgment and discretion. We work closely with clients and their professional and family office advisors to ensure that estates and trusts are administered efficiently, compliantly, and in a manner consistent with the decedent’s intent and the family’s long-term objectives.

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