One of the more common problems that is encountered by estate Executors and Administrators is the recovery of a decedent’s property from third parties. New York Estate Attorneys frequently need to counsel fiduciaries regarding the Court procedures to obtain assets that belong to an estate. I have represented fiduciaries in…
All Estate cases involve determining the next of kin of the decedent. In a probate proceeding where a person dies and leaves a Last Will, the estate rules and procedures mandate that the decedent’s distributees (next of kin) be provided with official notice of the case. New York Estate lawyers…
The preparation of a Last Will is an essential part of estate planning. However, once a Will has been finalized and signed it is the final document that exists to reflect a decedent’s intentions regarding the disposition of his estate. After the testator’s death, the Last Will that was created…
As the year 2015 comes to an end, it is a good time to revisit some basic planning goals. Much has been written about Advanced Planning. The New York Probate Lawyer Blog has discussed this topic in earlier posts. Essentially, Advanced Planning involves a number of considerations. Concerns regarding lifetime…
Estate Settlement involves dealing with many different types of assets. New York City estate lawyers routinely find that a decedent was the owner of a cooperative apartment. The ownership nature of these apartments is comprised of shares of stock that the decedent owned in a cooperative corporation. As a shareholder…
A Guardianship proceeding in New York is controlled by the provisions of Article 81 of the Mental Hygiene Law (MHL). The New York Probate Lawyer Blog has discussed in earlier posts that the New York Courts have the jurisdiction to impose Guardianship directions generally over in-State matters. MHL Section 81.04…
A New York Estate Planning attorney is familiar with the numerous issues that need to be reviewed when creating estate planning documents. Such documents include Last Wills and Living Trusts. As pointed out in the New York Probate Lawyer Blog, a fundamental aspect in the planning process is understanding the…
Estate proceedings in New York typically involve the collection of assets that were owned by the decedent. In most cases the assets are easily identified and collected such as bank accounts or securities accounts. As discussed in earlier posts in the New York Probate Lawyer Blog, there are occasions when…
When a person dies without a Last Will and Testament he is deemed to have died intestate. As discussed in many earlier posts in the New York Probate Lawyer Blog, where there is an intestate decedent, a petition needs to be filed with the Surrogate’s Court seeking Letters of Administration.…
A New York Guardianship proceeding under Article 81 of the Mental Hygiene Law (“MHL”) typically requires that the Court find the alleged incapacitated person (“AIP”) to be incapacitated. The focus of the Court is on the functional abilities of the AIP and the manner in which the AIP can handle…