The starting point of an estate is the appointment of an estate fiduciary. When a decedent leaves a Last Will and Testament, the Will must be admitted to probate in order for its terms to become effective. The Court typically appoints the Executor who has been nominated in the Will.…
After the death of an individual, it may be necessary to administer a decedent’s estate. This is essential when a person dies leaving assets such as financial accounts or real estate owned in the person’s name. In cases where a decedent’s assets are held in his name along with another…
The New York Probate Lawyer Blog has published many articles concerning New York trusts and estates and the settlement of probate and intestate estates. When a person dies, a determination needs to be made as to whether he left a Last Will and Testament. If so, it is important to…
The appointment of an Executor or Administrator to represent a New York estate may, at first, seem rather simple. If a person dies without a Last Will and Testament the estate is inherited by the decedent’s next of kin, known as distributees. Pursuant to Estates, Powers and Trusts Law section…
Article 81 of the Mental Hygiene Law (MHL) provides the statutory provisions for adult Guardianship. Pursuant to this statute the Court is given the authority to appoint a Guardian for personal needs and/or property management. The New York Probate Lawyer Blog has published many articles regarding Guardianship as well as…
Estate planning in New York is important. It is the method by which a person can specify the manner by which assets can be distributed upon death or other situations. Documents which are typically associated with estate planning include a Last Will and Testament and a Living or Grantor…
One aspect of estate settlement is the actual distribution of funds or other items to the ultimate beneficiaries of an estate or trust. As explained in many prior articles in the New York Probate Lawyer Blog there are three main categories involved in administering an estate. Briefly, the first stage…
Upon the death of a decedent, one of the first orders of business is determining whether there exists a Last Will and Testament. If a person dies without a Last Will, then their estate is distributed according to the laws of intestacy. Estates, Powers and Trusts Law (EPTL) Section 4-1.1…
The probate process in New York requires compliance with the Estates, Powers and Trusts Law (EPTL) and the Surrogate’s Court Procedure Act (SCPA). One of the most important statutory provisions is EPTL 3-2.1 entitled “Execution and attestation of wills; formal requirements”. This statute provides the formality necessary with regard to…
When a person dies leaving a Last Will and Testament, it is necessary to have the Will admitted to probate. This is typically the situation where a decedent dies and there are assets held in the decedent’s name alone. The New York Probate Lawyer Blog has published many articles concerning…