In Surrogate’s Court proceedings there are many instances where a party can file Objections. Estate Litigation usually involves matters that are commenced with a Petition. For example, in Probate Cases, the probate process is started by filing a Petition for Probate and Letters Testamentary. Similarly, when a decedent dies without…
Probate in New York is the process by which a Last Will and Testament is validated by the Surrogate’s Court. When a Will is admitted to probate the provisions of the document are given full force and effect. The Court then issues Letters Testamentary to the appointed Executor. The probate…
All fiduciaries such as Trustees, Executors and Administrators must properly perform their duties. When there is a breach of fiduciary duty, a Court can suspend the fiduciaries’ powers or remove them from office. Revoking the appointment of a fiduciary is not easily accomplished. The Courts typically respect a person’s choice…
It is important for a New York domiciliary to engage is proper estate planning. A lot of time and effort usually goes into creating a Last Will, Living Trust, Health Care Proxy, Power of Attorney and other planning initiatives. It is always a tragedy when a well thought out estate…
Estate Planning in New York can include the creation of a number of different papers such as a Last Will and Testament and Living Trust. Also, a person may prepare a Durable Power of Attorney, Living Will and a Health Care Proxy. At the outset of the drafting of these…
The settlement of a decedent’s estate involves numerous activities. When a person is appointed as the Administrator or Executor of an estate, one of the most important fiduciary duties is to locate and collect the assets that were owned by the decedent. In some estates this task can be uncomplicated. …
The initial steps that are typically taken with regard to estate settlement concern the appointment of a fiduciary. The fiduciary can be an executor when there is a Last Will and Testament or an Administrator when a person dies intestate. In order to be appointed by the Surrogate’s Court as…
Article 81 of the New York Mental Hygiene Law (MHL) sets forth the rules and procedures for the appointment of Guardians for an incapacitated person. The statute’s title is “Proceedings For Appointment of a Guardian For Personal Needs or Property Management”. The main focus of the statute is to protect…
The preparation and execution of a Last Will and Testament is always an important part of estate planning. A Will allows a testator to specifically provide for the disposition of assets to the individuals he wants to benefit. A testator’s intentions can be clearly set forth. The New York Probate…
Estate Planning in New York involves a number of items to be reviewed. Most individuals initially approach planning by determining how their estate is going to be distributed. Thus, decisions are made as to various bequests that are to be provided in a Last Will. A simple bequest may be…