There are many situations where it appears that a Guardian under Article 81 of the Mental Hygiene Law should be appointed. This statute provides for the appointment of a Guardian for Personal Needs and also for Property Management. The essence of these cases is a determination by the Court that…
As a New York Trusts and Estates and Real Estate Attorney for more than 40 years, I have come across many instances where fiduciaries must administer real estate. When a person dies one of the most valuable assets which may be part of an estate is real estate. This type…
When an individual dies, one of the first orders of business is to determine whether the decedent’s estate requires a formal settlement. In this regard, a full understanding of a decedent’s assets and affairs is imperative. The New York Probate Lawyer Blog has published many articles discussing the difference between…
Upon the death of a person, an initial determination needs to be made as to whether there exists a Last Will and Testament. The presence of a Will has great significance. This estate planning document typically contains written provisions concerning the manner in which a person’s probate estate is to…
The appointment of a fiduciary in New York can take many forms. When a person dies and leaves a Last Will and Testament the document typically designates the appointment of an Executor. After a Will is admitted to probate, Letters Testamentary are issued to the Executor. If a decedent does…
The establishment of an estate requires a determination as to whether a decedent died with or without a Last Will and Testament. If a Will exists the probate process follows a particular course in the Surrogate’s Court. However, if there is no Will, then the procedures and rules regarding intestate…
There are many different types of assets which may be a part of a New York estate. When a person dies he may leave a Last Will and Testament. In such event the Will needs to go through the probate process. This means that the Will is filed with…
There are numerous marital rights and issues which may arise in Estate and Trust cases in New York. These matters span a broad range of topics which include probate proceedings and intestate administration proceedings. The New York Probate Lawyer Blog has published many articles concerning spousal matters. This blog will…
There are many different aspects to the settlement of a New York estate. The initial stages of handling an estate involves the process of either probating a Last Will and Testament or obtaining the appointment of an estate administrator in the case of intestacy. Each of these proceedings, whether it…
In an earlier blog-post on April 25, 2025 in the New York Probate Lawyer Blog, the role of a Public Administrator was examined. As discussed in the post, the Public Administrator is a government agency in New York City. Each New York City County has a different Administrator whose…