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Articles Posted in Estate Administration

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Insight Into Complexities Concerning The Appointment and Removal of Executors and Administrators

The appointment of an Executor or Administrator to represent a New York estate may, at first, seem rather simple. If a person dies without a Last Will and Testament the estate is inherited by the decedent’s next of kin, known as distributees. Pursuant to Estates, Powers and Trusts Law section…

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The New York Surrogate’s Court May Revoke the Appointment of an Executor or Administrator

In order to effectively handle a decedent’s estate, an executor or administrator needs to be appointed.  The New York Probate Lawyer Blog has published many articles regarding the appointment of fiduciaries such as administrators, trustees, and executors. Where a person dies with a Last Will and Testament, it is necessary…

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A New York Fiduciary May Force a Third Party to Turn Over Estate Assets – An Important Part of Estate Settlement

The acceptance of an appointment as a New York estate Executor or Administrator requires that an individual carry out responsibilities.  The failure to act in a responsible manner could subject a fiduciary to damages for breach of fiduciary duty.  Provisions contained in the Estates, Powers and Trusts Law and the…

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Proof of Marriage is Needed to Be a Distributee – the Common Law Marriage Problem

One of the most common questions that is raised following the death of an individual is whether there is a surviving spouse.  This is especially so in cases where a person dies intestate without leaving a Last Will and Testament.  In intestate estates, the decedent’s assets pass to his distributees…

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Which State Law Controls Estate Administration and Why Does It Matter

In most New York estates, there is no question or controversy as to which state law applies to estate administration.  When a person who lives and maintains his primary residence in New York, the provisions of New York estate law are looked to regarding estate settlement.  Thus, a probate proceeding…

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A New York Fiduciary Can Restrain the Transfer of Alleged Estate Property

A New York Executor or Administrator has many duties and obligations.  Among these matters is the necessity to identify, protect and collect estate assets.  The many powers granted to a fiduciary are set forth in Estates, Powers and Trusts Law Section 11-1.1 entitled “Fiduciaries’ powers.” While collecting assets such as…

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