The New York Probate Lawyer Blog has published many articles about administering a New York Estate. At the commencement of administration, an essential issue is whether a decedent had executed a Last Will and Testament, or whether he died intestate. This issue determines the type of proceeding which will be…
There are many issues that arise concerning identifying the next of kin of a decedent. These issues arise in different contexts. If a decedent died and left a Last Will and Testament, the probate process requires that all of a decedent’s next of kin (distributees) be given notice of the…
Disputes arise all of the time following the death of a decedent. These matters can take many different forms. If a decedent left a Last Will and Testament issues may exist as to whether the Will is valid. There may be questions as to due execution, testamentary capacity or undue…
The New York Probate Lawyer Blog has published numerous articles concerning all aspects of probate, administration and Surrogate’s Court and estate matters. Most recently, an article was published on October 8, 2024 entitled “A Compulsory Accounting May Be Required for the Best Interests of an Estate”, which discussed the consideration…
As previously discussed in this blog, there are many instances in which the Surrogate’s Court may appoint a fiduciary. Surrogate’s Court Procedure Act (SCPA) Section 103(21) includes among its definition of “fiduciary” an administrator, temporary administrator, executor, preliminary executor, and testamentary trustee. The New York Probate Lawyer Blog has published…
There are numerous occasions where the Surrogate’s Court appoints a fiduciary to oversee an estate or a trust. With regard to an estate, the Court may need to appoint an executor or a preliminary executor in the case of a probate proceeding. If a decedent dies intestate, it may be…
Article 81 of the New York Mental Hygiene Law contains the provisions for the appointment of a Guardian. Guardianship can involve an appointment for personal needs such as health care or living environment. There is also a Guardianship for property management which concerns a person’s financial affairs. The New York…
New York estate settlement often involves many different issues and concerns. In the first instance, after a person’s death, there is a need for the appointment of an executor or administrator. The procedure which needs to be followed in the Surrogate’s Court is determined by whether a decedent had a…
The function of estate planning in New York is to provide documents which reflect the intentions of the creator. Estate planning is a broad topic which in general may encompass many types of objectives. In its purest form, an estate plan consists of a Last Will and Testament. In addition,…
The death of an individual creates many diverse issues. As discussed in numerous posts in the New York Probate Lawyer Blog, an initial determination must be made as to whether a decedent died with a Last Will and Testament or was intestate. The existence of a Will requires the commencement…