When a person dies and leaves a Last Will and Testament, it is necessary to commence a Probate Proceeding to validate the Will. Once the proceeding is complete, the Court admits the document to probate and letters testamentary are issued to the petitioner. The person who files the petition with…
There is general agreement that it is important to prepare a New York Estate Plan. The documents that may be considered in planning include a Last Will and Testament, Health Care Proxy, Power of Attorney, Living Will and Revocable Trust. Some of these papers are referred to as advance directives.…
When a person engages in estate planning and preparing a Last Will and Testament, numerous items of information and directions are set forth in a Will. Along with providing provisions naming beneficiaries and describing distributions of assets, a testator needs to designate fiduciaries such as Executors and Trustees. The selection…
The probate process in New York City can be very complex . There are numerous statutes in the Estates, Powers and Trusts Law (EPTL) and the Surrogate’s Court Procedure Act (SCPA), as well as Court rules, that deal with the probate of a Last Will. Many cases in the Surrogate’s…