All proceedings regarding an inheritance from a decedent require that interested parties receive proper notice to protect their interests. Whether an estate involves the probate of a Last Will and Testament or administration where there is intestacy, it is essential to determine the identity of a decedent’s heirs or distributees. …
A person who is planning the disposition of estate assets needs to make a number of decisions. Among these is the identity of intended beneficiaries and the value or amount of the interest to be provided. These determinations can occur in different forms. Where someone prepares a Last Will and…
It is not uncommon for a person who is domiciled in New York to have the persons who are interested in his estate residing outside of New York. This situation can occur in a number of contexts. In the event a decedent created a Last Will and Testament, the document…
In order for a Last Will and Testament to be valid, it must be admitted to probate. Probating a Will in New York requires following all the procedures in the Surrogate’s Court. Many times a person who is disinherited or does not receive what he expects in the Will provisions…
A person who dies without a Last Will and Testament is said to have died intestate. According to Estates, Powers and Trusts Law (EPTL) Section 4-1.1, entitled “Descent and distribution of a decedent’s estate,” there is a statutory priority as to the identity of the individuals who are entitled to…
During the course of preparing a New York estate plan, many different issues must be considered. Initially, the basic plan must identify beneficiaries and the property or amounts each is to receive. A thorough review and understanding of the creator’s assets and the ownership interests are essential. As extensively discussed…
Estate planning in New York, and probating a Last Will in Surrogate’s Court, go hand in hand. When a person engages in preparing and executing a Last Will, attention must be given to the eventuality of submitting the document to the probate process. As discussed in many posts in the…
A person may prepare and execute a number of Last Wills during the course of a lifetime. It is not unusual to find that a testator signed a new Will only a few years after having created the earlier document. In these situations, the provisions in the Wills may be…
In a recent post in the New York Probate Lawyer Blog, we discussed the necessity of reviewing various documents that may have an impact on a person’s estate planning or the administration of his estate. Such papers would include divorce or matrimonial agreements and business papers. A recent Manhattan estate…
We know that when a person engages in the process of creating an estate plan, it is important to review all assets that may be part of the disposition framework. Assets that are owned in a person’s name are typically subject to the provisions of a Will. The testator creates…