After a person dies, it may be necessary to administer his estate. Of course, the creation of comprehensive estate planning can facilitate post-death matters. A complete estate plan may include a Last Will and Testament, Living Will, Health Care Proxy, Durable Power of Attorney, and a Living Trust. The New…
The settlement of a New York estate is comprised of a number of stages. At the outset, a determination must be made as to whether a decedent had a Last Will and Testament or died intestate. This is important since the procedures to obtain Letters Testamentary in a probate proceeding,…
It is quite common that when a Last Will and Testament is filed with the Surrogate’s Court for probate, various members of a decedent’s family view the Will provisions to be objectionable. This feeling of rejection may be based upon a perception that a decedent was somehow coerced into signing…
New York Guardianship proceedings are controlled by Article 81 of the Mental Hygiene Law (“MHL”) entitled “Proceedings for Appointment of a Guardian for Personal Needs or Property Management.” The New York Probate Lawyer Blog has published many articles concerning Guardianship. The essence of appointing a Guardian concerns a determination that…
The settlement of a New York estate can be very complex based upon a number of factors. To begin with, different rules apply where a decedent died with a Last Will and Testament as opposed to an intestate estate. In the case of a Will, the distribution of estate assets…
A typical estate plan includes a number of commonly recognized documents. First and foremost is a Last Will and Testament. As discussed in many posts in the New York Probate Lawyer Blog, a Will controls the disposition of assets held in a decedent’s name alone. Thus, assets such as joint…
A Last Will and Testament is a document meant to memorialize a person’s intentions regarding the disposition of his property after death. The various rules and statutes relating to the probate process are typically strictly adhered to by the Surrogate’s Court. This is because if there are any variations or…
Estate planning in New York is essential for the efficient settlement of a decedent’s estate. The New York Probate Lawyer Blog has published many articles regarding planning an estate. The various documents which may be prepared as part of a plan include a Last Will and Testament, Living Will, Health…
Estate planning in New York presents many benefits for settling an estate. The foundation for any plan is a Last Will and Testament. This document allows a person to memorialize in writing his intentions and desires regarding the disposition of estate assets. Provisions can be made for bequests of specific…
In many instances, there is a possibility that co-fiduciaries may be appointed to represent an estate. Let’s begin by examining intestate administration. When a decedent dies without a Last Will and Testament, the appointment of an estate administrator is determined in accordance with Surrogate’s Court Procedure Act Section 1001 entitled…