A decedent’s estate in New York is comprised of different assets. In many estates the most valuable asset is real estate. The real estate assets can be in the nature of the decedent’s residential property or commercial or business property. It is also common for someone to have owned a…
Contesting a Will in New York involves many different issues. The validity of a Will must be challenged on various specific grounds. The New York Probate Lawyer Blog has discussed these grounds in many prior articles. One of the basic allegations in a Will dispute is that the document was…
Wills in New York are required to be executed in accordance with the statutory guidelines. Estates, Powers and Trusts Law (EPTL) Section 3-2.1 entitled “Execution and attestation of wills; formal requirements”, sets forth very definite rules for Will authenticity. For example, a Will generally needs to be in writing and…
The appointment of a Guardian in New York is provided for in Article 81 of the Mental Hygiene Law (MHL). There are two areas in which a Guardian can be needed. A person who is found to be incapacitated may need a Guardian for personal needs. A personal needs Guardian…
When a Last Will is offered for probate, the Court needs to be provided with an array of additional information. One of the most important areas that the Court needs to know about is the identity of the decedent’s next of kin. These individuals are known as distributees. The Surrogate’s…
The New York probate process is designed so that an Executor can be appointed to handle estate affairs. Until an estate Executor is granted letters testamentary by the Surrogate’s Court, no one has the legal authority to act on behalf of the decedent’s estate. Sometimes, preliminary letters testamentary can be…
Estate planning in New York involves the preparation of a number of documents including a Last Will and Testament. It is not unusual that during the course of a lifetime a person prepares and executes a series of Wills. It is a common practice that a Will should be updated…
The gross estate of a decedent includes many different types of assets. There are assets such as bank accounts and real estate that were owned by the decedent in his name alone at the time of death. These assets would be subject to the control of an estate executor or…
Last Wills are part of estate planning. The contents of the Will contains numerous provisions dealing with the distribution of estate assets. There can be pecuniary bequests which provide for a definite amount of money to be given to a beneficiary. There can also exist residuary provisions that direct the…
There are a number of different types of papers and considerations that are involved in estate planning. It is important that the documents appear clearly and express a person’s directions and intentions. An estate plan can include a Last Will and a Living Trust. Also, advance directives such as a…