The process of administering an estate in the Surrogate’s Court may involve numerous proceedings. Initially, it may appear that only two main proceedings exist when a person dies. One type of proceeding is called probate. This situation arises when a person leaves a Last Will and Testament. A Will must…
A very common aspect in New York estate settlement and estate litigation concerns the rights of a surviving spouse. The New York Probate Lawyer Blog has published numerous posts concerning spousal rights and decedent’s estates. Estate lawyers in New York are aware that state statutes such as the Estates, Powers…
Estate planning in New York can include the preparation of a number of documents. A person may create a Last Will and Testament, a Power of Attorney, a Living Will, a Living or Grantor Trust and a Health Care Proxy. The most basic paper which should be considered is the…
Estate planning in New York is important for the proper disposition of a person’s assets. Planning an estate encompasses a broad array of considerations. The New York Probate Lawyer Blog has published many articles on this topic. Initially, the preparation of a Last Will and Testament is the central document…
There are many different rights which appear in the New York Trust and Estate laws. The basic statutes concerning estate law and procedure are contained in the Estates, Powers and Trusts Law (EPTL) and the Surrogate’s Court Procedure Act (SCPA). A surviving spouse of a decedent benefits from a number…
An interesting aspect of New York estate law and practice is its intersection with other areas of law. For example, the New York Probate Lawyer Blog contains numerous articles discussing issues concerning the appointment of a guardian for personal needs and property management under Article 81 of the Mental Hygiene…
Major issues that often arise in connection with estate settlement concern the identity and value of a decedent’s property. In many estates, a decedent engages in estate planning and asset transfers during the months or even days before death. Estate planning and/or transfers may occur for very legitimate reasons. Concerns…
The settlement of a New York estate may involve many different proceedings and issues. Initially, a proceeding needs to be commenced in the Surrogate’s Court to have an executor or administrator appointed to handle estate affairs. This includes the identification and collection of assets and the payment of claims and…
The appointment of a Guardian for personal needs or property management is provided for by Article 81 of the Mental Hygiene Law. This statute contains the numerous provisions regarding the procedure and substantive law for a New York Guardianship. The New York Probate Lawyer Blog has published many articles regarding…
There are a number of aspects to the settlement of an estate. The New York Probate Lawyer Blog has examined these matters in detail in many earlier posts. The first stage of an estate is to obtain the appointment of a fiduciary. This involves a petition to appoint an executor…