When a person dies leaving a Last Will and Testament the Will is typically filed with the Court in the probate process. An essential provision in a Will is naming the persons to be appointed as Executor. The Executor is the person who is responsible for estate settlement such…
When a decedent dies his estate is subject to the process of either probate or intestate administration. It is not uncommon that in either situation there may be many issues that require estate litigation in the Surrogate’s Court. These controversies can take many forms such as Will Contests, Kinship Hearings…
Kinship disputes are very common in New York estate cases. When a person dies his estate typically can be settled in one of two ways. If the decedent left a Last Will, the Will is offered for probate in the Surrogate’s Court. In the event the decedent dies intestate (without…
Probate of a Will in New York is primarily controlled by the various estate laws. These statutes are part of the Surrogate’s Court Procedure Act (SCPA) and the Estates, Powers and Trusts Law (EPTL). The probate process has been examined in many of the articles appearing in the New…
There are many different types of ownership interests that a decedent may have. Prior to death, a person may have acquired real estate in the form of a single family home. Similarly an individual may have been the owner of a cooperative apartment or a condominium unit. Each of these…
There are many great reasons to create an estate plan. The New York Probate Lawyer Blog has published many posts discussing the basics of estate planning. Preparing and signing documents such as a Last Will, Living Will, Health Care Proxy, Power of Attorney and Living Trust allows a person to…
The preparation and signing of Wills in New York is an important part of the estate planning process. Creating documents such as a Last Will, Living Will, Health Care Proxy and Living Trust is an important first step in expressing a persons intentions for property disposition and personal care management.…
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…
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…
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…