New York estate settlement often involves many different issues and concerns. In the first instance, after a person’s death, there is a need for the appointment of an executor or administrator. The procedure which needs to be followed in the Surrogate’s Court is determined by whether a decedent had a…
The settlement of a New York estate is comprised of a number of stages. At the outset, a determination must be made as to whether a decedent had a Last Will and Testament or died intestate. This is important since the procedures to obtain Letters Testamentary in a probate proceeding,…
A decedent’s estate consists of many different types of interests and assets. These items may include bank accounts, security or other financial accounts, real estate interests, various retirement accounts such as individual retirement accounts, pensions and 401(k) plans, and business interests in partnerships or limited liability companies. There can also…
The New York Probate Lawyer Blog has published many articles concerning estate settlement. Factors that can affect a New York estate are enumerable. In the first instance, a determination must be made as to whether a Last Will and Testament needs to be probated. If no Will exists, than an…
The New York estate laws contain provisions concerning the various relationships between family members. There are statutes concerning spousal rights and also inheritance rights relating to other family members. For example, a New York spouse has the ability to make a claim against the other spouse’s estate if they are…
An executor or administrator is responsible to complete estate settlement. There are many aspects to settling an estate. The fiduciary must identify estate assets and actively seek to collect the assets. Additionally, an estate representative must ascertain the various debts and claims which may be outstanding. Also, expenses of administering…
One of the most valuable assets in an estate is typically real estate. This asset is usually the decedent’s residence. Since real estate predominates as an estate asset, many aspects of real estate law can be involved in estate settlement. Also, estate litigation in the Surrogate’s Court often concerns this…
A decedent’s estate may consist of many types of assets. These may include bank and other types of financial accounts, retirement funds and real estate. Another very common asset owned by decedents is an interest in a cooperative apartment. A cooperative apartment, or co-op, is not real estate. In fact,…
There are essentially two (2) different paths to follow for the appointment of a fiduciary after someone dies. In order to administer and settle an estate, there must be an executor or an administrator. If the decedent left a Last Will and Testament, then a probate proceeding is going to…
There are many different obligations and aspects to the role of an estate executor or administrator. Their primary duty is to collect assets and satisfy estate obligations. In most instances, the assets owned by a decedent are easily identified and collected, such as bank accounts, real estate, financial accounts and…