probate

August 18, 2026

Estate Litigation May Be Needed to Construe a Last Will and Testament

When drafting a Last Will and Testament, it is essential that a person’s intentions are clearly expressed and accurately reflected in every estate planning document. Even a carefully prepared Will can lead to estate litigation if its provisions are ambiguous or conflict with how assets are actually owned. This article explains why Will construction proceedings may be necessary in New York Surrogate’s Court and highlights a recent case demonstrating how a court determines a decedent’s intent.

Why Proper Estate Planning Matters

The New York Probate Lawyer Blog has published many articles discussing issues relating to New York estate plans. These articles included matters involving:

July 21, 2026

Are You Familiar with the Spousal Right of Election in New York?

by Jules M. Haas

Why Domicile Can Determine Whether a Surviving Spouse Inherits

After the death of a spouse, many people assume that a surviving husband or wife automatically inherits a portion of the estate. However, under New York law, a surviving spouse’s inheritance rights can depend on several factors, including where the decedent was legally domiciled at the time of death.

Inheriting an estate in New York can be very confusing. The rights of beneficiaries depend upon many different factors. For example, if a decedent dies and leaves a Last Will and Testament, the initial beneficiaries may appear to be the persons who are designated in the Will. However, there may be complicating factors. A Will may name as a beneficiary the Trustee of a revocable or irrevocable inter–vivos trust which was created outside of the Will. Thus, the ultimate beneficiaries would be the persons named as beneficiaries in the Trust document.