A Last Will in New York must be created in accordance with the New York statutes. The Estates, Powers and Trusts Law (“EPTL”) contains numerous provisions concerning the fundamental aspects of and requirements for a valid Will. For instance, EPTL 3-1.1 states that anyone over 18 years old having sound…
New York Estate Planning Lawyers are familiar with the fundamentals that form a good estate plan. Preparing and executing a Last Will and Testament provides a written declaration as to the disposition of a person’s probate estate. A Will can be made up of various provisions some of which can…
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…
The New York Probate Lawyer Blog has posted many items concerning Estate Litigation. Litigation in New York Estates in common in the context of a Will Contest where a distributee (next of kin) such as a child is either completely excluded from the Will or left a bequest that is…
The fundamental goal of an Executor or Guardian administering the estate of a decedent or Guardianship funds is to collect and protect assets and distribute them on behalf of the appropriate beneficiary. The determination of the identity and value of assets is often very complicated. To begin with, assets may…
Clients sometimes consult a New York estate planning lawyer in order to investigate the possibility of “writing someone out” of a Will. In the eyes of the law, this process is called ‘disinheriting’ the person. Disinheriting essentially removes any rights or entitlements that a person may expect to receive upon…
New York Estate Administration Attorneys are often confronted with questions as to whether a decedent was married at the time of death. The issue of marital status is important since a surviving spouse is a distributee (next of kin) under New York Estate Laws and is afforded certain rights in…
Estate Administration in New York involves the determination of the persons who are the estate beneficiaries. The New York Probate Lawyer Blog has discussed in many posts that when a person dies without a Last Will his or her distributees inherit the estate. Where a Last Will has been prepared,…
New York Estate Litigation can involve many aspects of Estate Settlement. Surrogate’s Court proceedings often concern issues such as the validity of a Last Will in a Will Contest. The identity of Estate Distributees may require a kinship hearing. Controversies regarding the ownership of estate assets also presents many opportunities…
Estate litigation in New York can involve a countless number of issues. The situation that is most commonly recognized is the Contested Will or Will Contest. This type of trust and estate litigation usually gets newspaper headlines such as in the recent case of the Estate of Brooke Astor. The…