When a person dies without a Last Will and Testament he is deemed to have died intestate. As discussed in many earlier posts in the New York Probate Lawyer Blog, where there is an intestate decedent, a petition needs to be filed with the Surrogate’s Court seeking Letters of Administration.…
Executors and Administrators in New York have many different duties and fiduciary obligations. The New York Probate Lawyer Blog has discussed the importance of a fiduciary acting properly and protecting estate assets. A source of controversy in estate administration often involves the ownership and management of real estate. Typically, a…
The probate process in New York can be very complex. When a person dies and leaves a Last Will and Testament it is necessary to probate the decedent’s Will to have an Executor appointed to administer the estate. There have been many articles published in the New York Probate Lawyer…
Estate planning in New York is an important consideration for many reasons. In addition to designating the manner in which a persons assets are to be distributed, an important aspect of planning is the nomination of an estate Executor. By creating a Last Will a testator can name the persons…
Fiduciaries such as Executors, Administrators and Trustees are frequently required to participate in proceedings in the Surrogate’s Court. There are many different types of cases in the Court such as probate and administration proceedings and accountings. For example a Brooklyn Estate Lawyer might be retained by an Executor to represent…
An estate executor or administrator has the fiduciary duty to locate and collect the decedent’s assets. This obligation is paramount in protecting the beneficiaries’ interests and maximizing the distributions that they will receive upon the settlement of the decedent’s estate. Queens estate lawyers and Brooklyn probate attorneys are familiar with…
New York Executors and Administrators have the obligation to settle a decedent’s estate. As discussed in previous posts in the New York Probate Lawyer Blog, an Executor is appointed when the decedent dies leaving a Last Will and Testament. An Administrator is appointed when there is no Will and a…
There are many aspects in life that can have an impact on a person’s estate. An individual’s marriage is certainly one of the most important and dramatic factors regarding estate rights. If a decedent was married, a surviving spouse is given many estate rights and privileges. As discussed in numerous…
A New York Estate is subject to potential estate taxes. The tax is imposed under both Federal and New York State laws. The New York Probate Lawyer Blog has previously talked about estate taxes. It is the duty of an estate fiduciary such as an Administrator or Executor to determine…
New York Estate Attorneys are aware of the many statutes and rules regarding Wills, Estate Settlement and Surrogate’s Court procedures. The Estates, Powers and Trusts Law (“EPTL”) and the Surrogate’s Court Procedure Act (“SCPA”) embody the statutory framework regarding estates practice. Among the many items contained in these laws are…