A Last Will and Testament is a document meant to memorialize a person’s intentions regarding the disposition of his property after death. The various rules and statutes relating to the probate process are typically strictly adhered to by the Surrogate’s Court. This is because if there are any variations or…
When a person dies, one of the initial issues is whether the individual had a Last Will and Testament. This determination is important because the existence of a Will provides the roadmap for the administration and distribution of a decedent’s estate. In cases where there is no Will, a person…
Probating a Last Will and Testament in New York requires that the Court be satisfied that the Will complies with all the statutory and Court-mandated requirements. The primary source of reference is Estates, Powers and Trusts Law Section 3-2.1 entitled “Execution and attestation of wills; formal requirements.” This statute sets…
When a person dies and leaves a Last Will and Testament, the next step is to commence a proceeding to probate the Will. The probate process can be very complicated. In the first instance, it is important to locate the original of the Last Will and Testament. When the original…
Estate planning in New York can include the preparation of a number of documents. A person may create a Last Will and Testament, a Power of Attorney, a Living Will, a Living or Grantor Trust and a Health Care Proxy. The most basic paper which should be considered is the…
It takes a lot of time and effort to create a New York estate plan. A testator needs to fully access his assets and make decisions regarding the provisions to include in a Last Will and Testament. It is important to determine who is to be a beneficiary as well…
The probate process in New York is comprised of a number of stages. At the outset, the original Last Will and Testament of a decedent must be located. This is not always as easy as it seems. In some cases, only a copy of a Will is found. When this…
A lot of time and effort may be expended with regard to creating an estate plan. Documents such as a Last Will and Testament, Living Trust, Health Care Proxy, and Power of Attorney require that the creator consider the various provisions and persons to be named as beneficiaries, agents or…
In order for a Last Will and Testament to be admitted to Probate, the Surrogate’s Court must be presented with all of the papers needed to satisfy the requirements of the Estates, Powers and Trusts Law and the Surrogate’s Court Procedure Act. The document which initiates the probate process is…
A Last Will and Testament in New York must be admitted to Probate in order for it to become effective. The probate process involves the filing of a petition with the Surrogate’s Court along with additional documents. Persons who are identified as distributees (the decedent’s next of kin) must be…