After a person dies, there is a need to settle the estate of the decedent. If the decedent prepared a Last Will and Testament, then the Will needs to be probated. The New York probate process can be complicated, especially if there is a Will Contest. One of the most…
As a New York Estate Lawyer, I am frequently contacted by individuals who have received a paper from the Surrogate’s Court that is titled at the top with the word “CITATION.” Most people are not familiar with the procedures involved in estate settlement or estate litigation cases or the requirements…
The New York Surrogates’ Court is the judicial branch of the legal system that deals primarily with issues concerning a decedent’s estate. These Courts are located in the various counties. In New York City, the locations of the Courts are as follows: New York County (Manhattan) Surrogate’s Court: 31 Chambers…
A fiduciary is defined in Section 103(21) of the Surrogate’s Court Procedure Act (SCPA) as including an executor, administrator and trustee. These fiduciaries have various obligations with regard to carrying out their duties and obligations. To begin with, statutes such as Estates, Powers and Trusts Law (EPTL) section 11-1.1 entitled…
When a person dies without a Last Will and Testament, he is deemed to have died intestate. In these matters a petition must be filed with the Surrogate’s Court to have an Administrator appointed to handle estate affairs. A fiduciary is needed for estate settlement. To begin the process to…
One of the most important aspects of planning a New York estate is having complete knowledge regarding the nature and value of the person’s assets. The various financial accounts and property interests that are owned may seem straightforward upon initial examination. However, a thorough review can be the difference between…
It is commonplace for a person to propose and execute documents to create an estate plan in New York. Recent posts in this blog have talked about various planning papers including a Last Will and Testament, Living Will, Living Trust and Power of Attorney. In view of today’s online capacity,…
As a result of the COVID-19 crisis, people throughout the United States and other countries are exceedingly concerned about their personal and financial welfare. Among other matters, consideration has been focused on protecting one’s assets, as well as insuring that the assets are properly situated to be passed on to…
There are many different proceedings in the Surrogate’s Court. Such matters include the following: probate proceedings, administration proceedings, accounting proceedings, and kinship hearings to name a few. It is not uncommon in these cases for there to be estate litigation or controversies regarding the issues being presented to the Court. …
All of a sudden you are asked to be the Executor or Administrator of an estate. Most people have never acted in such a capacity and do not have any experience as to the responsibilities and tasks that lie ahead. They may be reluctant or even afraid to accept the…