When a person dies without a Last Will and Testament he is said have died intestate. Since there is no Will which provides for distribution of the estate assets, the decedent’s estate is distributed according to the intestacy laws. Estates, Powers and Trusts Law (EPTL) Section 4-1.1 entitled “Descent and…
One of the statutes that is most commonly utilized by an estate executor or administrator is Surrogate’s Court Procedure Act (SCPA) Section 2103 entitled “Proceeding by fiduciary to discover property withheld or obtain information.” This provision allows the estate fiduciary to commence a proceeding in the Surrogate’s Court whereby information…
There are numerous aspects to the probating of a Last Will in New York. When a person dies and leaves a Will the final disposition of his estate cannot take place until a probate proceeding is completed. Such proceeding involves the filing with the Surrogate’s Court of the original Will…
Estate Litigation in the Surrogate’s Court often involves issues that effect many decedent’s estates. These problems occur over and over again. One such problem area concerns the attempt to probate a Will where the original document cannot be located. When a person signs a Last Will great consideration and care…
When a person dies without a Last Will he is said to have died intestate. In these types of estates, an application or petition needs to be filed with the Court for the issuance of Letters of Administration. Surrogate’s Court Procedure Act (SCPA) Section 1001 entitled “Order of priority for…
Many estates in New York have assets that include real estate. The most common situation is that a decedent owned a single or multi-family home. Very often the home was the decedent’s residence at the time of death. Additionally, other family members may have been living in the home. The…
A person who is appointed as an estate Administrator or Executor is empowered to perform many tasks on behalf of a decedent’s estate. Generally, the fiduciary identifies and collects assets; resolves and pays the decedent’s debts and obligations; satisfies estate administration expenses such as estate and fiduciary income taxes; and…
Will Contests in New York are part of a probate proceeding. When a Last Will is filed for probate, official notice must be given to the decedent’s distributees (next of kin). The distributees have a right to contest the Will. In the event the Will is found to be invalid…
Real Estate ownership by a decedent is commonplace. A person may have owned a family residence, or investment or commercial properties. Ownership interests may also appear in the form of cooperative and condominium units. These types of assets constitute one of, if not the, most valuable estate asset. The administration…
Surrogate’s Court cases in New York are identified by a number of different proceedings. There are, for example, probate proceedings and intestate administration proceedings. There are also accounting proceedings in which the estate administrator and executor provides an account of his transactions to the interested parties who can approve…