New York Probate Lawyer Blog
After a person dies, it may be necessary to administer his estate. Of course, the creation of comprehensive estate planning can facilitate post-death matters. A complete estate plan may include a Last Will and Testament, Living Will, Health Care Proxy, Durable Power of Attorney, and a Living Trust. The New York Probate Lawyer Blog contains many articles concerning estate planning and estate settlement.
A decedent’s assets may be comprised of items which are held in a decedent’s name and which pass under a Will. Other assets such as life insurance or retirement accounts can have designated beneficiaries. Still other assets such as joint accounts, may pass to a surviving owner automatically upon death. In all of these situations, it will be necessary for an executor or administrator or beneficiary to locate and ascertain the assets in which a decedent held an interest at the time of death.
Finalizing and collecting a decedent’s assets may, at times, be very difficult. If a survivor or a fiduciary has access to a decedent’s financial records, such as bank or brokerage statements, the job to determine assets may be simplified. Additionally, asset information may be obtained by examining a decedent’s tax returns. As to real estate, there may be internet listings or access to the locally filed real estate records. In New York City, real estate records can be accessed through the ACRIS (Automated City Register Information System) online search system. Mail delivered to a decedent’s residence may also be a source for asset information.
Unfortunately, information concerning many of a decedent’s assets may be stored in a digital format. Unless someone knows the password to obtain this data, discovery of these items can be daunting. Digital information may be located in a person’s computer or other device such as an iPad or cell phone. This has become more common in estate administration. Article 13-A of the Estates, Powers and Trusts Law was enacted in 2016 to deal with issues regarding the administration of digital assets.
A recent Manhattan estate case entitled Estate of Ernesto Giovanni Sanchez decided by Manhattan Surrogate Rita Mella on July 2, 2024 involved the issue of digital assets. In Sanchez, a Voluntary Administrator of an estate commenced a proceeding in the Surrogate’s Court to obtain an order directing Apple to allow the Administrator access to the decedent’s personal information contained under an Apple ID in a computer and various related digital accounts. After reviewing the facts, the Court granted the Administrator limited access to some of the digital information without prejudice to making a further application identifying the need for the additional information and identifying the specific information being sought.
As can be seen from Sanchez, estate settlement can be complicated. I have been representing clients in probate and administration matters throughout New York for over 40 years. Call Me Now for a free confidential review of your estate matter. We offer reasonable and flexible fee arrangements and personal representation.
New York Trusts and Estates Attorney Jules Martin Haas has helped many clients over the past 40 years resolve issues relating to guardianship and probate and estate settlement throughout New York City including the Bronx, Queens, Brooklyn, Manhattan, Nassau and Suffolk County. If you or someone you know has any questions regarding these matters, please contact me at (212) 355-2575 for an initial free consultation.