The New York Probate Blog contains numerous articles discussing the differences between Surrogate’s Court probate proceedings and administration proceedings. When a decedent leaves a Last Will, the process is to probate the Will and then to distribute the estate assets according to the Will provisions. The appointed Executor will receive…
The settlement of a New York estate involves dealing with many different estate assets. These assets may include bank accounts, stocks and bonds and retirement funds. In many instances the most valuable item comprising a decedent’s estate is real property. Such property may be in the nature of the decedent’s…
A New York Estate Attorney is familiar with cases where a family member claims that a lifetime transfer of assets or a disposition in a Last Will is the subject of undue influence. Such claims when they arise during the life of a person who is alleged to have been…
Following a person’s death, a petition may be filed with the Surrogate’s Court for the probate of the decedent’s Last Will. Usually, the person nominated as the Executor in the Will engages a New York Estate Lawyer for representation in the probate proceeding. As discussed in prior posts in this…
A New York Estate Lawyer is familiar with the various provisions of the Estates, Powers and Trusts Law (“EPTL”) and the Surrogate’s Court Procedure Act (“SCPA”) that impact estate planning. One of the provisions of the law that has caused much controversy over the years concerns the commonly known “no…
Controversies are not uncommon during the course of administering an estate. New York estate lawyers are familiar with the Surrogate’s Court procedures involved with such matters. Executors and Administrators have the fiduciary obligation to protect the interests of the estate in connection with all disputes regarding the decedent. A few…
Real estate is typically one of the most valuable assets comprising a decedent’s estate. Typically, a person’s residential house is a major asset. Many individuals also own commercial properties that may be used as a part of a business or may contain tenants. In view of the large worth of…
New York Will Attorneys are aware that there are many aspects of a decedent’s estate that can result in controversy and estate litigation. A recent case decided by Queens Surrogate Peter J. Kelly on January 22, 2014 entitled “The Matter of Hill” and reported in the New York Law Journal,…
The New York Probate Lawyer Blog has previously discussed cases involving the disqualification of a person from inheriting from a decedent’s estate. Where a person murders another the New York Courts do not permit the murderer to profit from his wrongdoing. The wrongdoer is deemed to lose any inheritance he…
Fiduciaries in New York such as Executors and Administrators are responsible for carrying out their tasks in settling an estate. As discussed in previous posts in the New York Probate Lawyer Blog, the job of a fiduciary includes identifying and collecting a decedent’s assets and paying a decedent’s debts as…