It is important to know that when a person dies intestate (without a Last Will), his estate is distributed to his closest next of kin. Additionally, these persons, known under the statute as distributees, have the right to be appointed as the Administrator of the estate. Surrogate’s Court Procedure Act…
A recent column by Cindy Adams in New York Post on October 16, 2017 discusses the death of entertainer, Jerry Lewis and a person named Suzan who claims to be his illegitimate child. According to the article, Lewis never acknowledged Suzan as his child. Lewis also made no provision for…
When a Last Will is offered for probate, the Court needs to be provided with an array of additional information. One of the most important areas that the Court needs to know about is the identity of the decedent’s next of kin. These individuals are known as distributees. The Surrogate’s…
One of the most important aspects when administering an estate is establishing the identity of a decedent’s next of kin. The persons comprising next of kin or heirs are commonly referred to in New York as “distributees”. Surrogate’s Court Procedure Act (SCPA) Section 103(14) defines a distributee as a person…
When a person dies without a Last Will and Testament he is said have died intestate. Since there is no Will which provides for distribution of the estate assets, the decedent’s estate is distributed according to the intestacy laws. Estates, Powers and Trusts Law (EPTL) Section 4-1.1 entitled “Descent and…
Surrogate’s Court cases in New York are identified by a number of different proceedings. There are, for example, probate proceedings and intestate administration proceedings. There are also accounting proceedings in which the estate administrator and executor provides an account of his transactions to the interested parties who can approve…
The identity of a decedent’s heirs at law are an essential element in all probate and intestate administration cases. There have been numerous posts in the New York Probate Lawyer Blog that examine this issue. When a Last Will is offered for probate, the person petitioning for the Will’s…
Kinship disputes are very common in New York estate cases. When a person dies his estate typically can be settled in one of two ways. If the decedent left a Last Will, the Will is offered for probate in the Surrogate’s Court. In the event the decedent dies intestate (without…
fundamental aspect of estate cases in Surrogate’s Court is that all necessary persons be given proper notice of the proceedings. For the most part, individuals who are interested parties are the decedent’s next of kin or distributees. Many posts in the New York Probate Lawyer Blog discuss the need to…
Surrogate’s Court cases such as probate proceedings and intestate administration proceedings have many different requirements. However, one common necessity in all these matters is that the Court must be provided with complete information regarding a decedent’s next of kin (“distributees”). Full details regarding family members is necessary so that all…