Following the death of a decedent, proceedings in the Surrogate’s Court are often begun for the appointment of an Executor or Administrator. As discussed in many past posts in the New York Probate Lawyer Blog, an Executor is appointed when a Will is admitted to probate and letters testamentary are…
Estate Planning attorneys are aware that it is important for a person to prepare a Last Will, Living Will, Health Care Proxy and other appropriate papers regarding advance directives and financial planning. The New York Probate Lawyer Blog has had many posts regarding these matters. Among the essentials to develop…
Planning your estate requires the consideration of many factors. A primary consideration is preparing and executing a Last Will. New York Estate Lawyers are familiar with the basic requirements for creating a valid Will. As set forth in Estates, Powers and Trusts Law Section 3-2.1 a Will should be in…
The New York Probate Lawyer Blog has had previous posts concerning the issue of elder abuse. A recent survey released by the National Association of Professional Geriatric Care Managers reported that the financial exploitation of the elderly is a growing and ongoing problem. The survey found that the top areas…
There are numerous and diverse matters that are presented to the Surrogate’s Court for resolution. In the Manhattan Surrogate’s Court, the Queens Surrogate’s Court and the Brooklyn Surrogate’s Court, just to name a few, cases are presented regarding a variety of estate administration and estate settlement controversies. A review of…
Real estate is typically one of the most valuable assets comprising a decedent’s estate. Typically, a person’s residential house is a major asset. Many individuals also own commercial properties that may be used as a part of a business or may contain tenants. In view of the large worth of…
A New York Guardianship proceeding involves the determination of the capacity of an individual. In order for a Court to appoint a property management Guardian or a personal needs Guardian there must be a finding of incapacity. Article 81 of the Mental Hygiene Law (“MHL”) provides the statutory provisions for…
New York Will Attorneys are aware that there are many aspects of a decedent’s estate that can result in controversy and estate litigation. A recent case decided by Queens Surrogate Peter J. Kelly on January 22, 2014 entitled “The Matter of Hill” and reported in the New York Law Journal,…
Fiduciaries such as Executors, Administrators and Trustees are frequently required to participate in proceedings in the Surrogate’s Court. There are many different types of cases in the Court such as probate and administration proceedings and accountings. For example a Brooklyn Estate Lawyer might be retained by an Executor to represent…
An estate executor or administrator has the fiduciary duty to locate and collect the decedent’s assets. This obligation is paramount in protecting the beneficiaries’ interests and maximizing the distributions that they will receive upon the settlement of the decedent’s estate. Queens estate lawyers and Brooklyn probate attorneys are familiar with…