The New York Probate Lawyer Blog has discussed in numerous posts that determining the identity of a decedent’s distributees (i.e., next of kin) is very important. It was recently reported in an article by Jacqui Goddard in The Telegraph on December 27, 2012, entitled “Louis Armstrong’s secret daughter revealed, 42…
New York Probate Lawyer Blog
New York Inheritance Laws Do Not Protect Step-Children
The various rights afforded to persons by the New York estate laws generally require that a person be related by blood to a decedent. New York Estates, Powers and Trusts Law (EPTL) Section 4-1.1 provides the relationship of individuals who can inherit an estate of a decedent who died without…
New York Surrogate’s Court Proceedings May Require A Guardian Ad Litem
The New York Probate Lawyer Blog has discussed many of the proceedings that can arise in the Surrogate’s Court such as the Manhattan Surrogate’s Court and Nassau Surrogate’s Court. Each of the counties in New York State has its own Surrogate’s Court. The various proceedings include Probate Proceedings, Intestate Administration…
New York Estate Laws Effect The Estate Interests of a Spouse
The relationship of marriage is among the most basic considerations in Estate planning and Estate administration. The most common form of an estate plan is typically one where one spouse creates a Last Will that leaves an entire estate to the other spouse. The New York Estates, Powers and Trusts…
New York Gift Planning Requires Many Considerations
New York Estate Planning Lawyers are often asked by their clients about making gifts to family members or friends or charities. When considering a gift there are a number of items that should be part of a list of basic considerations. 1. It is important to identify the person to…
New York Gifts Made Prior to Death Are Often the Subject of After Death Disputes
The New York Probate Lawyer Blog has posted many items concerning Estate Litigation. Litigation in New York Estates in common in the context of a Will Contest where a distributee (next of kin) such as a child is either completely excluded from the Will or left a bequest that is…
New York Article 81 Guardianship Proceedings Can Arise in Housing Proceedings
New York Guardianship proceedings can be found to be an appropriate remedy in varied situations. Typically, the Article 81 Guardianship is associated with an elderly person suffering from an illness such as dementia or Alzheimer’s disease or a person who has suffered a severe physical event such as a stroke…
New York Probate Can Be Simple or Complex
The New York Probate of a Last Will can be relatively smooth depending upon many factors. Of course, everyone has heard stories of feuds over a decedent’s estate and Will Contests that are both lengthy and costly. However, for the most part, the probating of a Will is not controversial.…
Estate Litigation in New York Can Involve Many Different Issues
Estate litigation occurs on a daily basis in Manhattan, Brooklyn, Nassau and other New York Surrogate’s Courts in counties across the state. The variety of the issues that are the subject of dispute often appear to be endless and usually present rather interesting problems. New York estate lawyers confront many…
New York Estate Settlement and Estate Planning Involves Many Kinds of Issues
New York Estate Planning Lawyers encounter many different issues that can have an effect on an estate plan and a decedent’s estate. Post death concerns are often resolved in proceedings in the Manhattan Surrogate’s Court, Queens Surrogate’s Court or the Surrogate’s Court in New York’s many other counties. It is…