Probate in New York is the process by which a Last Will and Testament is validated by the Surrogate’s Court. When a Will is admitted to probate the provisions of the document are given full force and effect. The Court then issues Letters Testamentary to the appointed Executor. The probate…
The preparation and execution of a Last Will and Testament is always an important part of estate planning. A Will allows a testator to specifically provide for the disposition of assets to the individuals he wants to benefit. A testator’s intentions can be clearly set forth. The New York Probate…
Contesting a Will in New York is a complicated matter. There are a number of Statutory and Court prescribed rules that control these proceedings. The New York Probate Lawyer Blog has published numerous articles concerning Will Contests. When someone is challenging the validity of a Will, essentially they are asserting…
There are many different types of provisions that can be written in a Last Will and Testament. The most common terms include bequests to named beneficiaries and other clauses that provide for the disposition of assets. Also, the Will should name Executors and Trustees as well as proposed Guardians if…
The filing of a Will Contest with the Surrogate’s Court brings to mind melodramatic stories of family intrigue and deception that are played out in movies, novels and other media outlets. In reality, Contests regarding a Will in New York are rather common occurrences that are subject to strict statutory…
Probating a Will in New York requires strict adherence to statutory and procedural rules. The primary source of authority is the Estates, Powers and Trusts Law and the Surrogate’s Court Procedure Act. When a person dies and leaves a Last Will, there are many instances when family members or friends…
Probating a Will in New can often be an uncomplicated process. While there are many aspects to a probate case, in most instances the surviving family is cooperative and there is no controversy among the parties involved. However, New York Estate Lawyers are familiar with situations where there are disputes…
There are numerous instances where the identity and location of estate assets is a source of New York City Estate litigation in the Surrogate’s Court. An estate fiduciary such as an Executor has a fiduciary duty to collect and protect estate assets for the benefit of estate beneficiaries. If the…
The Probate of a New York Last Will and Testament involves many issues. Procedures provided by the Surrogate’s Court Procedure Act (SCPA) as well as statues comprising the Estates, Powers and Trusts Law (EPTL) provide the basic rules regarding probate. For example, EPTL section 3-2.1 titled “Execution and attestation of…
When planning an estate, a person may consider many different provisions that can be a part of a Last Will. Of course, many of the Will terms concern the disposition of assets and bequests to various beneficiaries. A Will may contain a bequest of an amount of money or a…