The probate of a Last Will and Testament validates the provisions contained in the Will. The various Will directions can take many forms. There can be dispositions of specific dollar amounts to beneficiaries, as well as dispositions based upon a stated percentage or share of the estate or of all…
When a person dies, one of the initial issues is whether the individual had a Last Will and Testament. This determination is important because the existence of a Will provides the roadmap for the administration and distribution of a decedent’s estate. In cases where there is no Will, a person…
The preparation and execution of estate planning documents typically occurs in the State where a person maintains their primary home. Such location is referred to as a person’s domicile. Domicile is distinguishable from mere residence. Someone can have multiple residences, but can have only one domicile. Estate planning papers can…
Probating a Last Will and Testament in New York requires that the Court be satisfied that the Will complies with all the statutory and Court-mandated requirements. The primary source of reference is Estates, Powers and Trusts Law Section 3-2.1 entitled “Execution and attestation of wills; formal requirements.” This statute sets…
When a person dies and leaves a Last Will and Testament, the next step is to commence a proceeding to probate the Will. The probate process can be very complicated. In the first instance, it is important to locate the original of the Last Will and Testament. When the original…
There are many issues which a New York estate administrator may need to deal with. The basic function of an estate executor or administrator involves identifying and collecting assets and resolving claims and other obligations affecting an estate. The New York Probate Lawyer Blog contains many articles describing various aspects…
The New York estate laws contain provisions concerning the various relationships between family members. There are statutes concerning spousal rights and also inheritance rights relating to other family members. For example, a New York spouse has the ability to make a claim against the other spouse’s estate if they are…
Estate settlement may involve complex issues regarding a decedent. Many of the articles appearing in the New York Probate Lawyer Blog discuss issues concerning the probate of a Last Will and Testament or the appointment of an administrator of an intestate estate. Probate and administration proceedings can take many months…
When proceedings are filed in Surrogate’s Court regarding a decedent’s estate, the primary focus is inevitably on the person who is, or is seeking to be, the estate fiduciary. In cases of intestacy, there may arise issues regarding the qualification of the individual seeking to be appointed as administrator. Similarly,…
There are many instances where a person dies intestate, without a Last Will and Testament. When this occurs, a decedent’s estate is distributed to his next of kin or distributees pursuant to the priorities established under Estates, Powers and Trusts Law Section 4-1.1 entitled “Descent and distribution of a decedent’s…