When a person dies and leaves a Last Will and Testament, it is necessary to commence a Probate Proceeding to validate the Will. Once the proceeding is complete, the Court admits the document to probate and letters testamentary are issued to the petitioner. The person who files the petition with…
When a Last Will and Testament is filed with the Surrogate’s Court for probate, a number of procedural steps must be followed. The Will itself is accompanied by a Probate Petition. The Petition contains essential information regarding the decedent, the date of death, the names of the attesting witnesses, the…
Probate in New York is the process by which a Last Will and Testament is validated by the Surrogate’s Court. When a Will is admitted to probate the provisions of the document are given full force and effect. The Court then issues Letters Testamentary to the appointed Executor. The probate…
The preparation and execution of a Last Will and Testament is always an important part of estate planning. A Will allows a testator to specifically provide for the disposition of assets to the individuals he wants to benefit. A testator’s intentions can be clearly set forth. The New York Probate…
Contesting a Will in New York is a complicated matter. There are a number of Statutory and Court prescribed rules that control these proceedings. The New York Probate Lawyer Blog has published numerous articles concerning Will Contests. When someone is challenging the validity of a Will, essentially they are asserting…
There are many different types of provisions that can be written in a Last Will and Testament. The most common terms include bequests to named beneficiaries and other clauses that provide for the disposition of assets. Also, the Will should name Executors and Trustees as well as proposed Guardians if…
The filing of a Will Contest with the Surrogate’s Court brings to mind melodramatic stories of family intrigue and deception that are played out in movies, novels and other media outlets. In reality, Contests regarding a Will in New York are rather common occurrences that are subject to strict statutory…
Probating a Will in New York requires strict adherence to statutory and procedural rules. The primary source of authority is the Estates, Powers and Trusts Law and the Surrogate’s Court Procedure Act. When a person dies and leaves a Last Will, there are many instances when family members or friends…
Probating a Will in New can often be an uncomplicated process. While there are many aspects to a probate case, in most instances the surviving family is cooperative and there is no controversy among the parties involved. However, New York Estate Lawyers are familiar with situations where there are disputes…
There are numerous instances where the identity and location of estate assets is a source of New York City Estate litigation in the Surrogate’s Court. An estate fiduciary such as an Executor has a fiduciary duty to collect and protect estate assets for the benefit of estate beneficiaries. If the…