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…
New York estate settlement often involves many different issues and concerns. In the first instance, after a person’s death, there is a need for the appointment of an executor or administrator. The procedure which needs to be followed in the Surrogate’s Court is determined by whether a decedent had a…
The settlement of a New York estate is comprised of a number of stages. At the outset, a determination must be made as to whether a decedent had a Last Will and Testament or died intestate. This is important since the procedures to obtain Letters Testamentary in a probate proceeding,…
A decedent’s estate consists of many different types of interests and assets. These items may include bank accounts, security or other financial accounts, real estate interests, various retirement accounts such as individual retirement accounts, pensions and 401(k) plans, and business interests in partnerships or limited liability companies. There can also…
The New York Probate Lawyer Blog has published many articles concerning estate settlement. Factors that can affect a New York estate are enumerable. In the first instance, a determination must be made as to whether a Last Will and Testament needs to be probated. If no Will exists, than an…