The New York Probate Lawyer Blog has talked about many different aspects of estate settlement. An estate fiduciary such as an Executor or Administrator has a fiduciary obligation to identify, locate and collect estate assets. In numerous instances, the decedent may have been involved in business or other transactions where…
Articles Posted in Estate Litigation
A New York Power of Attorney May Not Be Used Improperly To Transfer Bank Accounts
Estate Attorneys in New York are familiar with the use of a Durable Power of Attorney to assist with various activities. Sometimes a power is signed by a principal to assist with a specific transaction such as the sale or purchase of real estate. The power may be needed because…
New York Estate Litigation Can Involve The Transfer of a Decedent’s Apartment
The New York Probate Lawyer Blog has discussed in earlier posts the variety of issues concerning the transfer of a decedent’s assets. One of the most common and valuable estate assets is the decedent’s home. A person’s home can be in the nature of real property such as a single…
Estate Litigation Can Complicate and Delay Estate Settlement
A New York estate lawyer is familiar with the numerous problems that can arise regarding the administration of a decedent’s estate. Sometimes these matters are the result of actions or relationships that the decedent was involved with prior to death. The estate executor or administrator has a fiduciary obligation to…
New York Estate and Guardianship Proceedings May Involve Claims for Medicaid Reimbursement
It is very common that a person who dies or is incapacitated receives health care and services that are paid for by government agencies in the form of Medicaid. As New York estate lawyers often encounter, a decedent who had been ill and unable to pay for his care through…
Insurance Trusts Can Be Beneficial for Estate Planning and Also Result in Litigation
New York Estate Planning can involve many different aspects. In most instances, individuals assume that the need to consult an estate planning attorney only arises when a person has significant assets that may result in the imposition of Federal estate taxes or state estate taxes. In fact, even when there…
New York Letters of Administration Are Important to Facilitate Estate Settlement
When a person dies without a Last Will he is considered to have died intestate. Queens estate attorneys, like those in other counties, are familiar with the procedure to have an Administrator appointed to settle the estate. The Surrogate’s Court Procedure Act (SCPA) and the Estates, Powers and Trusts Law…
New York Undue Influence Can Be An Issue of Fact To Be Determined at a Trial
A common issue that is found in many contested Guardianship cases and Estate matters is whether a person’s beneficiary designations or asset plan has been the subject of undue influence. New York City Estate Lawyers, like those throughout the state, are accustomed to having clients claim that the only…
Estate Litigation Can Complicate Estate Settlement
Litigation concerning estate matters has been discussed in many posts in the New York Probate Lawyer Blog. The variety of Surrogate’s Court disputes sometimes appears endless. These matters include contested probate proceedings, as well as proceedings to discover and recover a decedent’s property from third parties who have wrongfully taken…
New York Will Contests Allow Discovery Under SCPA 1404
New York estate litigation may involve many different types of issues. An estate fiduciary such as an executor or administrator may discover and obtain possession of the decedent’s property by commencing proceedings under Surrogate’s Court Procedure Act (SCPA) Section 2103. However, as New York Probate Lawyers know, one of the…