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…
Article 81 of the Mental Hygiene Law (MHL) contains the provisions regarding the appointment of a Guardian. A Guardian can be appointed for personal needs and also for property management. Generally, according to MHL 81.02 entitled “Power to appoint a guardian of the person and/or property; standard for appointment”, a…
Many articles have been written about New York estate planning when a couple is considering or entering into a divorce. The New York Probate Lawyer Blog has published a number of articles on this topic in the past. However, it is important from time to time to review this information.…
One of the benefits from implementing a New York estate plan and preparing a Last Will and Testament is the ability of a testator to select an executor. This option does not exist when a person dies intestate without a Will. In such a situation, the estate administrator is determined…
There are numerous situations where a beneficiary of an estate or trust in New York is entitled to receive his distribution. An estate may be in existence where the decedent left a Last Will and Testament providing for various bequests. When a decedent dies intestate without a Will, his distributees…
Following the death of an individual, there may be a need to create a formal estate to deal with the decedent’s assets and affairs. The creation of an estate is typically either a probate estate where the decedent leaves a Last Will and Testament or an administration estate where the…
In most New York estates, there is no question or controversy as to which state law applies to estate administration. When a person who lives and maintains his primary residence in New York, the provisions of New York estate law are looked to regarding estate settlement. Thus, a probate proceeding…
Estate planning in New York encompasses many types of considerations. The most common way to plan an estate is to prepare a Last Will and Testament. When a person dies, a Will must be filed with the Surrogate’s Court to be validated. This is known as the probate process. Probating…
It is apparent that the preparation of New York estate planning documents is important. A lot of time and effort can be expected in connection with reviewing assets and financial interests, figuring out the manner in which dispositions are to be made to beneficiaries and implementing the papers and documents…
Contesting a Will in New York involves many different rules of law and procedures. The Estates Powers and Trusts Law (EPTL) and the Surrogates Court Procedure Act (SCPA) provide various guides. At its essence, the validity of a decedent’s Will must comply with EPTL Section 3-2.1 entitled “Execution and attestation…