Upon the death of a decedent, one of the first orders of business is determining whether there exists a Last Will and Testament. If a person dies without a Last Will, then their estate is distributed according to the laws of intestacy. Estates, Powers and Trusts Law (EPTL) Section 4-1.1…
The probate process in New York requires compliance with the Estates, Powers and Trusts Law (EPTL) and the Surrogate’s Court Procedure Act (SCPA). One of the most important statutory provisions is EPTL 3-2.1 entitled “Execution and attestation of wills; formal requirements”. This statute provides the formality necessary with regard to…
When a person dies leaving a Last Will and Testament, it is necessary to have the Will admitted to probate. This is typically the situation where a decedent dies and there are assets held in the decedent’s name alone. The New York Probate Lawyer Blog has published many articles concerning…
In order to effectively handle a decedent’s estate, an executor or administrator needs to be appointed. The New York Probate Lawyer Blog has published many articles regarding the appointment of fiduciaries such as administrators, trustees, and executors. Where a person dies with a Last Will and Testament, it is necessary…
Estate planning is an important part of an overall financial plan. The New York Probate Lawyer Blog has published many articles discussing the various aspects of an estate plan. These items include a Last Will and Testament, Living Will, Revocable Trust, Health Care Proxy and Power of Attorney. Some of…
Estate planning in New York is important since it provides a procedure for a person to document the manner in which assets are to be disposed of at death. There are many different aspects to planning an estate, which also may include lifetime directives in the form of advance directives. …
Article 81 of the New York Mental Hygiene Law (MHL) contains the provisions concerning the appointment of a Guardian for an individual. There are basically two types of Guardians – a Guardian for Personal Needs and a Guardian for Property Management. The New York Probate Lawyer Blog has published many articles…
The New York Probate Lawyer Blog has published many articles about administering a New York Estate. At the commencement of administration, an essential issue is whether a decedent had executed a Last Will and Testament, or whether he died intestate. This issue determines the type of proceeding which will be…
There are many issues that arise concerning identifying the next of kin of a decedent. These issues arise in different contexts. If a decedent died and left a Last Will and Testament, the probate process requires that all of a decedent’s next of kin (distributees) be given notice of the…
Disputes arise all of the time following the death of a decedent. These matters can take many different forms. If a decedent left a Last Will and Testament issues may exist as to whether the Will is valid. There may be questions as to due execution, testamentary capacity or undue…