A fiduciary of an estate refers to an Executor or Administrator. The estate fiduciary can be removed if he breaches his fiduciary duty. The Surrogate’s Court Procedure Act (SCPA) contains a number of provisions concerning the circumstances in which a fiduciary can be removed. SCPA Section 711 entitled “Suspension, modification…
When a person dies without a Last Will, he is considered to have died intestate. The process to appoint a fiduciary for an intestate decedent is known as an Administration Proceeding. At the conclusion of this type of case the Surrogate’s Court will appoint an Administrator. This is in…
Estate planning is an important part of overall financial management. The preparation of a Last Will, Living Will, Health Care Proxy, Power of Attorney and Living Trust can provide a clear expression of a person’s desires regarding property disposition and personal affairs. Once a Last Will and other documents are…
One of the primary duties of an estate Executor or Administrator is to collect estate assets. Most of the time this activity is not complicated. For example, a fiduciary may just need to close the decedent’s bank account or brokerage account and deposit the funds into the estate bank account.…
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…