The appointment of a Guardian in New York requires the commencement of a Guardianship Case in the Court. It may be difficult at times to determine the appropriate procedures and the proper Court concerning these matters. There are Guardianships under Article 17-A of the Surrogate’s Court Procedure Act (SCPA). Article…
When a person dies it is necessary to determine the individuals who have a right to inherit the estate assets. While this may at first seem to be an easy task, the fact is that in many cases the first identification of such persons may be complicated and time consuming.…
Probating a Will in New can often be an uncomplicated process. While there are many aspects to a probate case, in most instances the surviving family is cooperative and there is no controversy among the parties involved. However, New York Estate Lawyers are familiar with situations where there are disputes…
There are numerous instances where the identity and location of estate assets is a source of New York City Estate litigation in the Surrogate’s Court. An estate fiduciary such as an Executor has a fiduciary duty to collect and protect estate assets for the benefit of estate beneficiaries. If the…
An executor or administrator of a New York estate has the duty to identify and collect all of the assets belonging to a decedent. These assets include bank accounts, stocks, bonds, retirement accounts such as IRA’s, and real estate. Once these items are collected and the estate bills and claims…
When a person dies and the initial steps are taken to administer his estate, one of the first issues to be resolved is the domicile of the decedent. Domicile is an interesting topic and the determination of domicile can be very complicated. Essentially, it is the place where a person…
The Probate of a New York Last Will and Testament involves many issues. Procedures provided by the Surrogate’s Court Procedure Act (SCPA) as well as statues comprising the Estates, Powers and Trusts Law (EPTL) provide the basic rules regarding probate. For example, EPTL section 3-2.1 titled “Execution and attestation of…
Estate planning in New York can be provided through a number of different documents. First and foremost, a Last Will and Testament sets forth the various provisions that a testator desires regarding the disposition of his estate. Another important estate planning device is a Revocable Living Trust. This type of…
When planning an estate, a person may consider many different provisions that can be a part of a Last Will. Of course, many of the Will terms concern the disposition of assets and bequests to various beneficiaries. A Will may contain a bequest of an amount of money or a…
The Probate of a New York Will is the method by which a Will is validated by the Surrogate’s Court. After a Will is admitted to probate the named Executor is typically granted letters testamentary which authorizes him to handle estate affairs. This includes the collection of estate assets, the…