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Articles Posted in Estate Settlement

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Did You Know That a Claim for Services for Care Provided to a Decedent May Be Unenforceable?

During the course of the administration of a New York Estate, an executor or administrator may be confronted with various issues.  For example, there may be numerous debts that need to be satisfied, such as credit card bills, medical bills, car loans, mortgages and utility bills.  Each of these items…

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A Decedent’s Ownership of a Cooperative Apartment May Present Challenges for a Fiduciary

A New York estate may have many different types of assets.  These may include bank accounts, brokerage accounts, real estate, and retirement funds.  Each of these items can present various issues for an executor or administrator.  The estate fiduciary has an obligation to collect and protect estate assets.  The failure…

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Discovery of Assets in the Surrogate’s Court Can Present Attorney Privilege Issues

One of the aspects involved with administering an estate in New York is the identification and collection of estate assets.  A decedent may have owned bank accounts, security investments, real estate or business interests.  In many cases, it is rather easy for an executor or administrator to obtain information regarding…

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The New York Surrogate’s Court has Broad Jurisdiction over Matters Affecting an Estate

The administration of a New York estate can involve many different aspects relating to the decedent’s lifetime affairs.  For example, after the Court appoints an executor or administrator, issues relating to a business may need to be resolved.  The business may have been in the form of a corporation or…

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A Pre-Death Gift from a Decedent May Be Difficult to Substantiate

The process of determining the identity of assets which belong to an estate is a fundamental responsibility of an executor or administrator.  In most cases it is easy to locate a decedent’s bank or financial accounts or real estate.  There are typically statements or deeds or other documents which clearly…

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Estate Administration and Reverse Mortgages

New York estate administration involves the collection of assets and the payment of the decedent’s debts and obligations.  Assets may include bank accounts, financial holdings in brokerage accounts, pension funds, 401(k) accounts and life insurance.  One of the major assets typically found in an estate is real estate.  This asset…

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