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Articles Posted in Trusts and Estates

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Trust and Estate Disputes Often Involve a Variety of Issues

Controversies arising in Estate Planning, Estate Litigation and Estate Settlement involve a vast variety of issues. New York Estate Lawyers know that the many different problems that are found in the area of Trusts and Estates are as diverse and complex as the individuals whose lives are impacted by them.…

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New York Issues Regarding Kinship and Domicile Are Always Important

The New York Probate Lawyer Blog has provided a number of posts regarding the importance of determining kinship in estate proceedings. Other posts have discussed the necessity of determining a person’s domicile in estate matters. This blog contains same basic points as a reminder of the necessity to properly consider…

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New York Wills May Contain Trusts That Require a Trustee’s Use of Discretionary Powers

New York Estate Planning can involve many different issues and considerations. The New York Probate Lawyer Blog contains many posts discussing the need for Estate Planning papers such as a Last Will, Living Will, Health Care Proxy and Living Trust. Each of these documents should be prepared so that it…

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New York Wills Need to Be Signed According to Statutory Formalities

A Last Will in New York must be created in accordance with the New York statutes. The Estates, Powers and Trusts Law (“EPTL”) contains numerous provisions concerning the fundamental aspects of and requirements for a valid Will. For instance, EPTL 3-1.1 states that anyone over 18 years old having sound…

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A Good New York Estate Plan is Important to Prevent Contests of a Will That May Occur in Unusual Ways

New York Estate Planning Lawyers are familiar with the fundamentals that form a good estate plan. Preparing and executing a Last Will and Testament provides a written declaration as to the disposition of a person’s probate estate. A Will can be made up of various provisions some of which can…

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A New York Estate Can Be Distributed Where a Parent is Found to be Disqualified to Inherit

The Administration of a New York Estate where a decedent dies intestate is determined by the laws of descent and distribution. As the New York Probate Lawyer Blog has discussed in previous posts, New York Estates, Powers and Trusts Law (“EPTL”) Section 4-1.1 provides the list of priority of distributees…

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New York Real Estate Litigation May Involve a Decedent’s Estate Interest

New York Estates and Trusts are comprised of various types of assets. Very often these assets include real estate in the form of a single family home or commercial property. When an Executor, Administrator or Trustee has the responsibility of protecting and handling real estate interests, the job of the…

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New York Guardianships End Upon the Death of the Incapacitated Person

New York Guardianship Attorneys are familiar with Article 81 of the Mental Hygiene Law (“MHL”) which provides the statutory provisions governing Guardianships in New York. When a person is determined to be incapacitated and a Guardian is appointed for property management or personal needs, the Court will issue an Order…

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New York Administrators and Executors Cannot Delegate Their Authority to Others

A New York Fiduciary such as an Executor or Administrator is appointed by the Surrogate’s Court after a person has died. As discussed in many posts in the New York Probate Lawyer Blog, an Executor is appointed as an estate representative when a Last Will has been probated. The Executor…

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Estate Planning in New York Should Always be a Top Consideration

There are legions of articles and information postings explaining the benefits of having an Estate Plan. New York Estate Planning, as well as planning in all other states, requires that an individual take the time and consideration to develop the precise manner in which assets, financial affairs and personal matters…

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