Part of the estate planning process involves the creation and execution of advance directives. These documents include a Power of Attorney, Living Will, Health Care Proxy and Living Trust. One of the primary goals of these papers is for the creator to provide specific instructions for property management and personal…
The estate settlement process in New York can be viewed as having three parts. At the outset, there are proceedings for the appointment of an estate fiduciary. If a decedent dies with a Last Will and Testament, then a probate case is filed in the Surrogate’s Court. When there is…
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…
The appointment of an Article 81 Guardian in New York is a serious process. Each case begins with the preparation of a Verified Petition which provides details regarding the condition and circumstances of an alleged incapacitated person (AIP). The Court needs to be informed about the person’s family, assets and…
Time and again, the New York Probate Lawyer Blog has published articles discussing the manner in which the issue of kinship can affect estate administration. The reason kinship is important is because in both probate and intestate estate cases, the Court must receive complete information regarding a decedent’s distributees. The…
There are many issues associated with the settlement of a New York estate. In many cases it is not clear as to who is the authorized or designated person entitled to administer an estate. If a decedent left a Last Will and Testament, the document typically nominates an Executor to…
In situations where a person is in need of assistance with handling personal needs or property management, the New York law provides for the appointment of a guardian. Article 81 of the Mental Hygiene Law (MHL) contains the statutory and procedural rules regarding guardianship appointment and operation. Essentially, under MHL…
Probating a Will in New York requires that the document satisfy the Court requirements for authenticity. In other words, a Last Will must be executed in the manner required by the Estates, Powers and Trusts Law. This requires a writing and at least two witnesses. In addition to the basic…
When a person dies leaving a Last Will and Testament, he is said to have died testate. This is unlike a situation where there is no Will. In such case, the person is said to have died intestate. In order for a Will to control the disposition of a decedent’s…
The commencement of a proceeding to initiate the settlement of a decedent’s estate requires a determination of the proper Court to accept the filing of papers. Upon the death of a decedent, it is first necessary to find whether the decedent had prepared a Last Will and Testament or died…