In situations where a person is in need of assistance with handling personal needs or property management, the New York law provides for the appointment of a guardian. Article 81 of the Mental Hygiene Law (MHL) contains the statutory and procedural rules regarding guardianship appointment and operation. Essentially, under MHL…
Probating a Will in New York requires that the document satisfy the Court requirements for authenticity. In other words, a Last Will must be executed in the manner required by the Estates, Powers and Trusts Law. This requires a writing and at least two witnesses. In addition to the basic…
When a person dies leaving a Last Will and Testament, he is said to have died testate. This is unlike a situation where there is no Will. In such case, the person is said to have died intestate. In order for a Will to control the disposition of a decedent’s…
The commencement of a proceeding to initiate the settlement of a decedent’s estate requires a determination of the proper Court to accept the filing of papers. Upon the death of a decedent, it is first necessary to find whether the decedent had prepared a Last Will and Testament or died…
The New York Probate process is utilized in order for a Last Will and Testament to be admitted to probate. When this procedure is successfully completed, the Surrogate’s Court issues a Decree which essentially validates the provisions of a Will. The Probate Decree also usually provides that letters testamentary should…
In order for a Last Will and Testament to be admitted to Probate, the Surrogate’s Court must be presented with all of the papers needed to satisfy the requirements of the Estates, Powers and Trusts Law and the Surrogate’s Court Procedure Act. The document which initiates the probate process is…
Whether a decedent dies intestate without a Last Will and Testament, or with a Will, the retention of an experienced estate attorney can be essential to settling an estate efficiently. In the case of intestacy, a proceeding to obtain letters of administration will be required to collect assets that are…
The process of determining the identity of assets which belong to an estate is a fundamental responsibility of an executor or administrator. In most cases it is easy to locate a decedent’s bank or financial accounts or real estate. There are typically statements or deeds or other documents which clearly…
Estate planning in New York is important to preserve assets and insure a proper distribution after death. The New York Probate Lawyer Blog has published many articles concerning planning an estate. These articles have included discussions about Last Wills, Living Trusts, Health Care Proxies, Living Wills and Powers of Attorney. …
New York estate administration involves the collection of assets and the payment of the decedent’s debts and obligations. Assets may include bank accounts, financial holdings in brokerage accounts, pension funds, 401(k) accounts and life insurance. One of the major assets typically found in an estate is real estate. This asset…