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…
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…
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…
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…
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…
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…
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…
The settlement of a New York estate requires the identification of the decedent’s distributees (i.e, next of kin). In both probate proceedings and intestate administration proceedings the Court filings require that the names and addresses of all distributees be provided. This mandate allows the Court to identify all persons who…
The administration of a New York Estate involves many different tasks. The main function of an estate fiduciary such as an executor or administrator is to collect the decedent’s assets and to pay or satisfy various debts and administration expenses. There may be many complicated steps that need to be…
Surrogate’s Court cases such as probate proceedings and intestate administration proceedings have many different requirements. However, one common necessity in all these matters is that the Court must be provided with complete information regarding a decedent’s next of kin (“distributees”). Full details regarding family members is necessary so that all…