A very common issue that arises during the course of estate administration concerns assets that a decedent transfers close to the time of death. These transfers can be in the form of outright gifts or the creation of ownership rights such as a joint tenancy or through a beneficiary designation.…
Estate planning in New York is essential to the proper administration of a decedent’s estate. Creating an estate plan that includes a Last Will, Living Will, Health Care Proxy, Power of Attorney and possibly a Living Trust can facilitate the process by which assets are passed to family and friends…
The New York Probate Lawyer Blog has talked about many different aspects of estate settlement. An estate fiduciary such as an Executor or Administrator has a fiduciary obligation to identify, locate and collect estate assets. In numerous instances, the decedent may have been involved in business or other transactions where…
A Probate Proceeding is just one of the many types of proceedings that can be commenced in the New York Surrogate’s Court. Other types of matters include Administration, Kinship and Accounting Proceedings. Each type of matter has its own particular set of rules and procedures which are typically found in…
When dealing with matters concerning an incapacitated person, one of the primary concerns is finding the resources to pay for the living expenses and care of the individual. New York Guardianship Lawyers must always determine the type of assets, income and benefits that are available. Incapacity can take many forms…
There are countless articles and advisory papers that have been written in which people are urged to prepare an Estate Plan. The use of advanced planning documents such as a Last Will, Living Will, Power of Attorney, Health Care Proxy and Living Trust allow a person to specify the manner…
A New York Guardianship Proceeding is commenced by the filing of a petition. Mental Hygiene Law (MHL) Section 81.08 sets forth the requirements of the petition. MHL Section 81.06 designates the persons who may file the proceeding which includes family members as well as any other person who has concerns…
Article 81 of the Mental Hygiene Law (MHL) contains the provisions regarding the appointment of a Guardian for property management and personal needs for a person who is found to be incapacitated. The New York Probate Lawyer Blog has discussed in earlier posts the procedure to obtain the appointment of…
Executors and Administrators appointed by the Surrogate’s Court have many duties and responsibilities. New York Estate Lawyers who represent fiduciaries typically assist their clients in connection with determining and paying estate liabilities. These liabilities can be in the form of debts and claims owed by the decedent such as unpaid…
Estate attorneys in New York are familiar with statutes that provide for the distribution of estate assets to a person’s next of kin. These persons are known as distributees. Estates, Powers and Trusts Law Section 4-1.1 entitled “Descent and distribution of a decedent’s estate” provides the order of priority to…