Article 81 of the New York Mental Hygiene Law (“MHL”) provides the statutory provisions covering the appointment of a Guardian. A Guardian may be appointed for personal needs and also for property management. The procedure set forth in the statute to commence a Guardianship proceeding is straight forward. MHL section…
The administration of a New York estate typically has three phases. At the outset, a fiduciary needs to be appointed such as an Executor or an Administrator. Once there is someone in an official capacity to handle the decedent’s affairs, the process of locating and collecting assets can begin. Also,…
There are many requirements in New York estate law concerning the proper execution of a Last Will and Testament. The basic statute setting forth these rules is Estates, Powers and Trusts Law (“EPTL”) section 3-2.1 entitled “Execution and attestation of wills; formal requirements”. The validity of a Will requires that…
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…