The New York Probate process is utilized in order for a Last Will and Testament to be admitted to probate. When this procedure is successfully completed, the Surrogate’s Court issues a Decree which essentially validates the provisions of a Will. The Probate Decree also usually provides that letters testamentary should…
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…
Whether a decedent dies intestate without a Last Will and Testament, or with a Will, the retention of an experienced estate attorney can be essential to settling an estate efficiently. In the case of intestacy, a proceeding to obtain letters of administration will be required to collect assets that are…
The process of determining the identity of assets which belong to an estate is a fundamental responsibility of an executor or administrator. In most cases it is easy to locate a decedent’s bank or financial accounts or real estate. There are typically statements or deeds or other documents which clearly…
Estate planning in New York is important to preserve assets and insure a proper distribution after death. The New York Probate Lawyer Blog has published many articles concerning planning an estate. These articles have included discussions about Last Wills, Living Trusts, Health Care Proxies, Living Wills and Powers of Attorney. …
New York estate administration involves the collection of assets and the payment of the decedent’s debts and obligations. Assets may include bank accounts, financial holdings in brokerage accounts, pension funds, 401(k) accounts and life insurance. One of the major assets typically found in an estate is real estate. This asset…
Estate planning in New York is important for many reasons. Primarily, when a person plans their estate, they are ultimately creating documents and situating assets to reflect their intentions regarding the ultimate disposition of these items. Nowadays, estate planning is often viewed as a broader topic and includes papers that…
One of the most common questions that is raised following the death of an individual is whether there is a surviving spouse. This is especially so in cases where a person dies intestate without leaving a Last Will and Testament. In intestate estates, the decedent’s assets pass to his distributees…
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…