New York estate litigation encompasses many different aspects of trust and estate law. Controversies may arise in many types of proceedings. In the case of a probate proceeding, the most obvious area of dispute concerns the validity of a Last Will and Testament. This type of controversy is known as…
It takes a lot of time and effort to create a New York estate plan. A testator needs to fully access his assets and make decisions regarding the provisions to include in a Last Will and Testament. It is important to determine who is to be a beneficiary as well…
There are essentially two (2) different paths to follow for the appointment of a fiduciary after someone dies. In order to administer and settle an estate, there must be an executor or an administrator. If the decedent left a Last Will and Testament, then a probate proceeding is going to…
Article 81 of the Mental Hygiene Law contains the provisions regarding the appointment of a Guardian. As discussed in many earlier posts in the New York Probate Lawyer Blog, the statutes provide for the appointment of a property management Guardian and also for a personal needs Guardian. When an application…
Estate planning in New York involves many different aspects. Initially, a person needs to consider and develop the manner in which an estate is to be distributed. Decisions need to be made concerning the various beneficiaries who are to receive distributions. Also, the amount of payment to each beneficiary under…
The acceptance of an appointment as a New York estate Executor or Administrator requires that an individual carry out responsibilities. The failure to act in a responsible manner could subject a fiduciary to damages for breach of fiduciary duty. Provisions contained in the Estates, Powers and Trusts Law and the…
There are many different obligations and aspects to the role of an estate executor or administrator. Their primary duty is to collect assets and satisfy estate obligations. In most instances, the assets owned by a decedent are easily identified and collected, such as bank accounts, real estate, financial accounts and…
The imposition of a Guardianship for incapacity or disability in New York can occur in a number of ways. Perhaps the most well-known procedure is that provided by Article 81 of the Mental Hygiene Law (MHL). These provisions set forth the legal standards and procedures for the appointment of a…
During the course of the administration of a New York Estate, an executor or administrator may be confronted with various issues. For example, there may be numerous debts that need to be satisfied, such as credit card bills, medical bills, car loans, mortgages and utility bills. Each of these items…
The probate process in New York is comprised of a number of stages. At the outset, the original Last Will and Testament of a decedent must be located. This is not always as easy as it seems. In some cases, only a copy of a Will is found. When this…