The settlement of an estate in New York can be divided into three main categories. The first category or phase is the appointment of the fiduciary. When a decedent has a Last Will, then the Will needs to be filed with the Court and admitted to probate. Probate proceedings in…
There have been numerous posts in the New York Probate Lawyer Blog which describe the basic process to settle an estate. A brief review of these facts is always helpful: 1. First it is essential to determine whether the decedent died leaving a Last Will or without a Will (intestate).…
The settlement of a decedent’s estate can be viewed as encompassing three stages. Estate Lawyers in New York City are familiar with this process. The first step involves the appointment of the estate representative. When a decedent leaves a Last Will and Testament the Will is filed with the Court…
An estate fiduciary such as an Executor and Administrator has many different obligations. The New York Probate Lawyer Blog has discussed many of these duties. For example, the fiduciary must locate, protect and collect estate assets. This function includes such tasks as closing a decedent’s bank accounts or brokerage accounts…
A very common complaint that New York Estate Lawyers hear is that an estate beneficiary has not received his share of a decedent’s estate. Typically, the beneficiary, who may be a legatee under a Last Will or a distributee in an intestate administration, has been waiting for years to receive…
The settlement of an estate in New York involves the preparation of an account by the fiduciary. Executors and Administrators need to assemble an account that provides information regarding the transactions that occurred during the administration of the estate. New York estate lawyers are familiar with the provisions of the…
The settlement of a New York estate can be divided into three main parts. The estate can begin with proceedings to probate a Will and appoint an Executor. If there is no Will and the decedent died intestate, then a petition can be filed to appoint an Administrator. Once the…
A fiduciary can be found in any number of different roles. The Surrogate’s Court can appoint a New York Executor or Administrator to handle the affairs of a decedent’s estate. The New York Supreme Court can appoint an Article 81 Guardian to be responsible for the property management and personal…
A New York Executor, Administrator or Trustee has many powers and obligations. As a fiduciary, such appointments require that a full record and account of activities be maintained so that an accounting can be provided to the estate or trust beneficiaries. It is not uncommon for a beneficiary to complain…
Estate litigation in New York can involve many types of issues. One area of dispute often concerns the rights various individuals may have in a decedent’s Estate or Trust. For example, the New York Probate Lawyer Blog has discussed in previous posts issues concerning the determination of a decedent’s next…