Articles Posted in Preliminary Executor

There is general agreement that it is important to prepare a New York Estate Plan.  The documents that may be considered in planning include a Last Will and Testament, Health Care Proxy, Power of Attorney, Living Will and Revocable Trust.  Some of these papers are referred to as advance directives.

When a person prepares a Last Will, the document is comprised of many different provisions.  There are dispositions of a person’s assets which may be comprised of specified assets or bequests.  Other dispositions may be in more general terms such as the disposition of the residuary estate.

Another very important part of a Will is the nomination or designation of fiduciaries such as Executors and Trustees.

When a person engages in estate planning and preparing a Last Will and Testament, numerous items of information and directions are set forth in a Will.  Along with providing provisions naming beneficiaries and describing distributions of assets, a testator needs to designate fiduciaries such as Executors and Trustees.

The selection of Executors is a very important aspect of planning an estate since such designees are to be responsible for handling all estate affairs and settling the estate.  Typically, the testator nominates a primary executor as well as successor Executors.   The New York Probate Lawyer Blog has published many articles concerning the selection of fiduciaries and other aspects of estate administration.

The Executor of a Will is appointed when the Will is admitted to probate.  At that time Letters Testamentary are issued to the Executor.  However, there are occasions when the probate of the Will may be delayed.  Such delays may be due to a Will Contest or the search for next of kin.  Also, there may be a need to locate the original signed copy of a Will or an attesting witness who is needed to sign an affidavit.

The probate process in New York City can be very complex . There are numerous statutes in the Estates, Powers and Trusts Law (EPTL) and the Surrogate’s Court Procedure Act (SCPA), as well as Court rules, that deal with the probate of a Last Will.

Many cases in the Surrogate’s Court become involved in disputes and estate litigation. These contested matters can significantly delay estate settlement. Among the problems that can be encountered are Will Contests, disputes regarding Kinship and controversies concerning the appointment of the Executor. The Court, as well as the parties interested in an estate, are always concerned that any litigation in the Court will result in the decedent’s estate being unattended to which may adversely affect the assets or other interests of the decedent. Continue reading