Inheritance rights in New York are mainly found in Estates, Powers and Trusts Law (EPTL) Section 4-1.1 entitled “Descent and distribution of a decedent’s estate.” This section provides the priority of persons who have rights of next of kin to receive a share of a decedent’s estate when there is…
The Surrogate’s Court in New York is the judicial forum that appoints Executors and Administrators of an estate. When a person dies and leaves a Last Will and Testament, the usual process is to appoint an Executor. The person who is to act as the Executor is named in the…
When a person creates a New York Estate Plan, one of the most important documents is a Last Will and Testament. A Will is an instrument that controls the disposition of assets that are owned in the name of the decedent alone at the time of death. Assets that are…
The job of an estate fiduciary is to settle a decedent’s estate. Whether the fiduciary is an Executor or Administrator there are three main aspects to estate administration. At the outset, the proceeding to appoint a fiduciary is critical. This is because until an administrator or executor is appointed, there…
When a person dies there is a lot of concern about the actions to be taken regarding the handling of the individual’s estate. While this article talks about 5 important steps or considerations in truth, depending upon the nature of the estate, there can be many more. To begin with,…
Among the many fiduciary duties that an Executor or Administrator must perform is the duty to locate and collect estate assets. There are a variety of assets which include bank accounts, security accounts, retirement funds, business interests, life insurance, annuities and real estate. In New York, along with real property…
The statues concerning the appointment of a New York Guardian for personal needs or property management are located in Article 81 of the Mental Hygiene Law (MHL). In order to have a Guardian appointed MHL 81.02 requires that the alleged incapacitated person either agree to the appointment or that the…
There is general agreement that it is important to prepare a New York Estate Plan. The documents that may be considered in planning include a Last Will and Testament, Health Care Proxy, Power of Attorney, Living Will and Revocable Trust. Some of these papers are referred to as advance directives.…
When a person dies without a Last Will and Testament he is known to have died intestate. In these cases the person’s distributees or next of kin have the statutory right to inherit the estate assets. Estates, Powers and Trusts Law (EPTL) Section 4-1.1 entitled “Descent and distribution of a…
When a person dies without a Last Will and Testament he is said to have died intestate. In these cases the decedent’s estate is distributed pursuant to the laws of intestacy. Estates, Powers and Trusts Law (EPTL) section 4-1.1 entitled “Descent and distribution of a decedent’s estate”, provides the list…