An Estate fiduciary such as an Executor or Administrator is responsible for settling a decedent’s estate. A New York City estate lawyer often refers to Estates Powers and Trusts Law (EPTL) Section 11-1.1 which is entitled “Fiduciaries’ powers”. Among the authority provided by the statute is the power to…
The planning of an estate in New York has many benefits. The primary goal is to establish documents such as a Last Will, Living Will, Health Care Proxy, Power of Attorney and a Living Trust that provide a definite and unambiguous expression of a person’s desires. With regard to a…
An estate executor or administrator has many obligations with regard to an estate. The New York Probate Lawyer Blog has discussed in many posts the various powers that an estate fiduciary can exercise. These powers include the right to collect assets and pay expenses. However, in addition to the powers…
A Will Contest in New York has been the subject of numerous articles in the New York Probate Lawyer Blog. After a petition for the probate of a Will is filed, notice of the petition must be given to the decedent’s distributees. The distributees (next of kin) have a right…
The creation and implementation of an estate plan requires the consideration of many factors. Reference is made to the New York Probate Lawyer Blog which contains many articles regarding the planning of an estate. One of the essential elements in the planning process is obtaining a full understanding and inventory…
One of the more common problems that an executor or administrator may encounter is an unauthorized occupant of a decedent’s real estate. The New York Probate Lawyer Blog has discussed this issue in a number of earlier articles. However, since this matter routinely occurs during the course of estate settlement,…
Probating a Last Will in New York can be an uncomplicated matter. In many situations the probate proceeding is commenced by a close family member who is named as the Executor in the Will. While there are a number of Court and statutory formalities that must be adhered to, the…
One of the most commonly utilized procedures to assist an estate Executor or Administrator to locate and obtain estate assets are the provisions provided by Surrogate’s Court Procedure Act (SCPA) 2103 and 2104. SCPA 2103 is entitled “Proceeding by fiduciary to discover property withheld or obtain information” and SCPA…
The identity of a decedent’s heirs at law are an essential element in all probate and intestate administration cases. There have been numerous posts in the New York Probate Lawyer Blog that examine this issue. When a Last Will is offered for probate, the person petitioning for the Will’s…
There are many different aspects to estate administration that requires consideration. The New York Probate Lawyer Blog has pointed out in earlier posts that the estate laws provide certain protections for a decedent’s spouse. Estates, Powers and Trusts Law (EPTL) Section 5-1.1-A entitled “Right of election by surviving spouse”, contains…