Planning an estate in New York requires that numerous factors be considered. The testator or creator of a Last Will or Trust should begin by making a complete inventory and review of his assets. The New York Probate Lawyer Blog has many posts which discuss various rules regarding the disposition…
New York Probate Lawyer Blog
New York Preliminary Executors Are Important for Estate Settlement
An estate in New York requires the appointment of a fiduciary. Executors or Administrators are the fiduciaries who control estate settlement. Executors are appointed when there is a Last Will to be probated. Administrators are appointed when a person dies intestate (without a Will). There are many instances when the…
New York Revocable Trust Provisions Must Be Followed
Estate Litigation in New York can arise in connection with many different issues. The Surrogate’s Court is a forum in which matters concerning decedents’ Wills and Trusts are typically dealt with. The New York Probate Lawyer Blog has discussed in many posts the various documents that comprise a persons estate…
New York Estate Planning With a Second Spouse
Estate Attorneys in New York are routinely consulted with regard to issues concerning the rights of a surviving spouse. These matters become more complex when one of the parties has had a former marriage. It is even more complicated where there are children from the prior marriage. The estate laws…
New York Joint Bank Accounts Can Be Challenged By a Decedent’s Estate
The process of administering an estate can be very complex. Estate Lawyers are familiar with the many issues and obligations that an Executor or Administrator may need to consider. As discussed in numerous posts in the New York Probate Lawyer Blog, an estate fiduciary has the obligation to find and…
New York Heirs Must Demonstrate Their Relationship to a Descendant
fundamental aspect of estate cases in Surrogate’s Court is that all necessary persons be given proper notice of the proceedings. For the most part, individuals who are interested parties are the decedent’s next of kin or distributees. Many posts in the New York Probate Lawyer Blog discuss the need to…
New York Estate Planning Always Needs to be Updated
The planning of an estate in New York involves a number of basic considerations. Many recent articles in the news have drawn attention to the need for creating an effective plan. The New York Probate Lawyer Blog has also published numerous posts regarding the planning and administration of estates. A…
The New York Surrogate’s Court May Appoint An Alternate Estate Fiduciary When Necessary
Estate Planning Attorneys in New York are familiar with the creation of Last Wills and Trusts in which primary and alternate Executors and Trustees are named. One of the main advantages to creating a Will or Trust is that the creator can select the persons he wants to act as…
A New York Court May Amend Or Reform A Will Or Trust If Appropriate Circumstances Exist
New York Estate Planning requires that the creator of a Will or Trust clearly set forth his intentions. It is very important that a Last Will or a Trust clearly state the manner in which a person wants his assets to be distributed. Serious problems arise when a Trust or…
New York Fiduciaries Are Required to Recover all Estate Assets
Estate Lawyers in New York are familiar with the various statutes that provide executors and administrators with powers to administer an estate. Estates, Powers and Trusts Law (EPTL) Section 11-1.1 entitled “Fiduciaries’ powers”, sets forth many of the matters that a fiduciary can engage in to facilitate estate settlement. For…