The execution of a Last Will in New York is controlled by Estates, Powers and Trusts Law (EPTL) Section 3-2.1 entitled “Execution and attestation of wills; formal requirements”. Estate Lawyers are familiar with statutory requirements that a Will should be in writing and that there needs to be at least…
Most people prepare their estate plans and Last Wills and expect that the provisions and directions they set forth can be carried out after death. The rationale for planning an estate is to avoid intestacy which would leave to chance the manner in which an estate is to be distributed.…
It is important to know your rights if you are disinherited. New York inheritance laws are rather complex. There are many occasions where a close family member learns that they have not been provided for in a decedent’s Last Will. These situations often result in Estate Litigation in the form…
Contesting a Will in New York involves many different issues. The validity of a Will must be challenged on various specific grounds. The New York Probate Lawyer Blog has discussed these grounds in many prior articles. One of the basic allegations in a Will dispute is that the document was…
Will Contests in New York are part of a probate proceeding. When a Last Will is filed for probate, official notice must be given to the decedent’s distributees (next of kin). The distributees have a right to contest the Will. In the event the Will is found to be invalid…
Probating a Last Will in New York can be an uncomplicated matter. In many situations the probate proceeding is commenced by a close family member who is named as the Executor in the Will. While there are a number of Court and statutory formalities that must be adhered to, the…
The New York Probate Lawyer Blog in the March 1, 2017 posting discussed some of the aspects involved in a Will Contest in New York. The post referred to a decision by Queens Surrogate Peter Kelly dated February 9, 2017 which dismissed the Objections to the Will and admitted the…
Will contests in New York involve many different considerations. To begin with, there is a complex set of statutes and rules regarding the procedure to be followed in these cases. When a Will is filed with the Court for probate, it is necessary to provide notice to all of the…
Probating a Will in New York is usually not a contentious process. The original Will is filed with the Court and typically the person named in the Will as the Executor prepares and files a Probate Petition. When a Will is admitted to probate, the Court issues Letters Testamentary to…
In most instances the filing of a Last Will for probate is a straight forward process. The New York Probate Lawyer Blog has posted many articles regarding the probate of a Will. The typical persons who petition the Court in these proceedings are close relatives such as a spouse or…