After the death of an individual, the usual course is to proceed to have a fiduciary appointed to represent the decedent’s estate. This is necessary in order to have someone who has the legal authority to collect the decedent’s assets, pay estate expenses and obligations and ultimately, distribute the net…
It is not unusual that after an executor or administrator is appointed by the Surrogate’s Court that he or she finds out there is estate litigation to contend with. For instance, the decedent may have left numerous debts which are unpaid and the creditors may decide to bring lawsuits to…
The procedure and terminology in a case involving a New York estate can be perplexing to those unfamiliar with this area of the law. Surrogate’s Court matters typically involve statutes that are part of the Surrogate’s Court Procedure Act (SCPA) and the Estates, Powers and Trusts Law (EPTL). The Surrogate’s…
The executors and administrators of a New York estate have a fiduciary responsibility to collect and protect estate assets. In the event these fiduciaries fail to act in a responsible manner, the administrator or executor’s malfeasance would constitute a breach of fiduciary duty. When a situation arises where it appears…
In a recent post in the New York Probate Lawyer Blog, we discussed the necessity of reviewing various documents that may have an impact on a person’s estate planning or the administration of his estate. Such papers would include divorce or matrimonial agreements and business papers. A recent Manhattan estate…
The forum for proceedings regarding a decedent’s estate is typically the Surrogate’s Court. Probate proceedings and requests for intestate administration are filed in the Surrogate’s Court in the county where the decedent lived. For example, if the person lived in Manhattan, the estate proceedings would be filed in the New…
Estate planning and creating a Last Will and Testament is important. However, during the planning process, attention must be given to the eventual probating of the Will. When a Will is admitted to probate by the Surrogate’s Court, the effect is to validate the terms and provisions in the document. …
One of the responsibilities of a fiduciary, whether an Executor, Trustee or Administrator, is to discover, administer and protect the assets of an estate or trust. When assets are in the form of bank accounts or other financial funds, these items can be transferred into a new estate or trust…
As a New York Estate Lawyer, I am frequently contacted by individuals who have received a paper from the Surrogate’s Court that is titled at the top with the word “CITATION.” Most people are not familiar with the procedures involved in estate settlement or estate litigation cases or the requirements…
There are many different proceedings in the Surrogate’s Court. Such matters include the following: probate proceedings, administration proceedings, accounting proceedings, and kinship hearings to name a few. It is not uncommon in these cases for there to be estate litigation or controversies regarding the issues being presented to the Court. …