Following a person’s death, it may be necessary to file papers with a Court to commence a Probate proceeding, if the person had a Last Will, or an Administration proceeding if the person died intestate. It may also be necessary to determine the appropriate set of laws that are to…
New York Administrators and Executors, also known as fiduciaries, have many responsibilities with regard to administering an estate and their relationship with estate beneficiaries. Very often, due to a fiduciary’s acts or failure to act or a conflict of interest, beneficiaries ask the Court to disqualify a fiduciary or to…
A New York Appeal’s Court ruling offers a stark reminder of the power of a Will or other estate planning document and the need to seek the advice of a New York City probate lawyer when settling estate issues. A New York physician left an estate of $28 million dollars…
The process of settling the estate of a decedent can be either uncomplicated or filled with controversy. There are many aspects of estate administration that can lead to disputes and litigation. For example, when a person dies, among the first questions to be asked is did the decedent leave a…
Nowadays retirement seems like more of a dream than a reality given the tough economic environment. For many, it is difficult enough just to meet current expenses and obligations. However, whether a voluntary choice or due to events such as illness or job loss, retirement is a reality that needs…
Update: MSNBC reports that New York City officials have begun welfare checks on the 104-year-old heiress and the Manhattan district attorney has launched a criminal investigation into the handling of her finances. Where in the world is 104-year-old Huguette Clark? One only hopes that she has a world-class New York…
There are many situations where a person who is disabled has assets available for his or her present use or may be in the position to receive assets at a later date such as a beneficiary under a Last Will or Trust. While owning assets is usually beneficial, persons suffering…
A New York Article 81 Guardianship Proceeding is commenced when a petition is filed with the Court. The general requirements of a petition were previously reviewed in a post dated August 16, 2010. Upon receipt of the petition the Court will then sign an Order to Show Cause in which…
It’s a fascinating story if you are a baseball fan or if you spend your career assisting clients with Wills and Estate Planning in New York. It’s also a cautionary tale for those who are concerned that their private affairs will become public through the probate court process after their…
Every New York Article 81 Guardianship Proceeding involves its own unique set of facts and circumstances. These variables encompass things such as the nature and extent of the alleged incapacity, the relationship between the Alleged Incapacitated Person (“AIP”) and his or her relatives, companions and friends; the assets and income…