There are many different types of ownership interests that a decedent may have. Prior to death, a person may have acquired real estate in the form of a single family home. Similarly an individual may have been the owner of a cooperative apartment or a condominium unit. Each of these…
When a person dies without a Last Will he is said to have died intestate. The handling of an intestate estate falls under the heading of an administration proceeding as opposed to a probate proceeding when a person dies and leaves a Last Will. The fiduciary of an intestate estate…
The Estate Administration process involves many different issues. A New York Estate Lawyer typically represents a fiduciary, such as an Executor or Administrator, who is responsible for handling these matters. The collection of the decedent’s assets is always a primary function to be carried out. Some assets are easy to…
A Fiduciary in New York has many duties and obligations. The New York Probate Lawyer Blog has posted many articles discussing these matters. Executors, Administrators and Trustees must not breach their fiduciary duties. There are many different obligations. Generally, a fiduciary is held to a very high standard by the…
There are many cases in the Surrogate’s Court which involve a Public Administrator. Generally, a Public Administrator is a public official who is given the authority to administer estates where no other person or entity is properly available to act as fiduciary. Article 11 of the Surrogate’s Court Procedure Act…
Beneficiaries of an Estate in New York may be determined in a number of different ways. The most recognizable method of beneficiary designation is the naming of an individual or institution to receive a benefit in a Last Will. There are many different types of dispositions that can be made…
Fiduciaries who are appointed by the Surrogate’s Courts in New York have many responsibilities. The fiduciary can be an Executor or an Administrator. It is very common for a decedent’s estate to have amongst its assets real estate. In fact, in many situations a decedent’s home may be the most…
An Executor or Administrator in New York has a duty to discover and collect all of the assets that rightfully belong to a decedent’s estate. If the estate fiduciary fails to perform this task properly the estate beneficiaries may claim that there was a breach of a fiduciary duty. Identifying…
One of the more common problems that is encountered by estate Executors and Administrators is the recovery of a decedent’s property from third parties. New York Estate Attorneys frequently need to counsel fiduciaries regarding the Court procedures to obtain assets that belong to an estate. I have represented fiduciaries in…
A New York Estate Planning attorney is familiar with the numerous issues that need to be reviewed when creating estate planning documents. Such documents include Last Wills and Living Trusts. As pointed out in the New York Probate Lawyer Blog, a fundamental aspect in the planning process is understanding the…