Obtaining a divorce and creating an Estate Plan seem at first to be two separate unrelated activities. However, on more than one level, a divorce or contentious matrimonial situation leads directly to the need for effective planning of an estate and possible probate or estate litigation. Of course, in a…
The settling of a decedent’s estate in New York may involve multiple issues. At the outset, a determination needs to be made as to whether a decedent died intestate (i.e. with a Last Will and Testament) or intestate (no Will). This determination then governs as to whether a Probate proceeding…
As a New York Trusts and Estates and Real Estate Attorney for more than 40 years, I have come across many instances where fiduciaries must administer real estate. When a person dies one of the most valuable assets which may be part of an estate is real estate. This type…
When an individual dies, one of the first orders of business is to determine whether the decedent’s estate requires a formal settlement. In this regard, a full understanding of a decedent’s assets and affairs is imperative. The New York Probate Lawyer Blog has published many articles discussing the difference between…
The appointment of a fiduciary in New York can take many forms. When a person dies and leaves a Last Will and Testament the document typically designates the appointment of an Executor. After a Will is admitted to probate, Letters Testamentary are issued to the Executor. If a decedent does…
There are many different types of assets which may be a part of a New York estate. When a person dies he may leave a Last Will and Testament. In such event the Will needs to go through the probate process. This means that the Will is filed with…
There are numerous marital rights and issues which may arise in Estate and Trust cases in New York. These matters span a broad range of topics which include probate proceedings and intestate administration proceedings. The New York Probate Lawyer Blog has published many articles concerning spousal matters. This blog will…
In an earlier blog-post on April 25, 2025 in the New York Probate Lawyer Blog, the role of a Public Administrator was examined. As discussed in the post, the Public Administrator is a government agency in New York City. Each New York City County has a different Administrator whose…
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…