It is important to know your rights if you are disinherited. New York inheritance laws are rather complex. There are many occasions where a close family member learns that they have not been provided for in a decedent’s Last Will. These situations often result in Estate Litigation in the form…
Did you know that an estate is typically comprised of many different types of assets? These assets may include bank and financial accounts, retirement funds, life insurance and real estate. It is not uncommon for real estate to constitute the most valuable item in an estate. Real estate in a…
It is important to complete estate planning papers so that a person’s intentions and desires are clearly set forth. The list of documents to plan an estate can include a Last Will and a Living Trust. When an Estate Planning Lawyer prepares these papers it is important to provide the…
Did you know that a fiduciary in New York has certain duties and obligations. A fiduciary includes an Executor, Administrator and Trustee. These duties and obligations include the protection of estate assets and the payment of funds to the beneficiaries. When a fiduciary fails to act properly, he may be…
It is important to know that when a person dies intestate (without a Last Will), his estate is distributed to his closest next of kin. Additionally, these persons, known under the statute as distributees, have the right to be appointed as the Administrator of the estate. Surrogate’s Court Procedure Act…
Guardianship cases in New York are controlled by Article 81 of the Mental Hygiene Law (MHL). When a person wants to commence a Guardianship proceeding, there are a number of papers that must be filed with the Court. The two essential papers are the Petition and the Order to Show…
The settlement of an estate in New York can be divided into three main categories. The first category or phase is the appointment of the fiduciary. When a decedent has a Last Will, then the Will needs to be filed with the Court and admitted to probate. Probate proceedings in…
Last Will and Testament is an important part of a person’s estate plan. There are a number of papers that a person should consider when starting to prepare a plan. In addition to a Will, these papers can include a Living Will, a Health Care Proxy, a Living Trust and…
Guardianship cases in New York are controlled by Article 81 of the Mental Hygiene Law (MHL). These proceedings concern the appointment of Guardians for personal needs and for property management. The Court proceedings in Article 81 cases involve the filing of a petition with the Court and a hearing. The…
The probate process in New York City can be very complex . There are numerous statutes in the Estates, Powers and Trusts Law (EPTL) and the Surrogate’s Court Procedure Act (SCPA), as well as Court rules, that deal with the probate of a Last Will. Many cases in the Surrogate’s…