The New York Surrogates’ Court is the judicial branch of the legal system that deals primarily with issues concerning a decedent’s estate. These Courts are located in the various counties. In New York City, the locations of the Courts are as follows: New York County (Manhattan) Surrogate’s Court: 31 Chambers…
It is commonplace for a person to propose and execute documents to create an estate plan in New York. Recent posts in this blog have talked about various planning papers including a Last Will and Testament, Living Will, Living Trust and Power of Attorney. In view of today’s online capacity,…
When a person dies and leaves a Last Will and Testament, it is necessary to commence a Probate Proceeding to validate the Will. Once the proceeding is complete, the Court admits the document to probate and letters testamentary are issued to the petitioner. The person who files the petition with…
When a person creates a New York Estate Plan, one of the most important documents is a Last Will and Testament. A Will is an instrument that controls the disposition of assets that are owned in the name of the decedent alone at the time of death. Assets that are…
There are many requirements in New York estate law concerning the proper execution of a Last Will and Testament. The basic statute setting forth these rules is Estates, Powers and Trusts Law (“EPTL”) section 3-2.1 entitled “Execution and attestation of wills; formal requirements”. The validity of a Will requires that…
It is important for a New York domiciliary to engage is proper estate planning. A lot of time and effort usually goes into creating a Last Will, Living Trust, Health Care Proxy, Power of Attorney and other planning initiatives. It is always a tragedy when a well thought out estate…
Estate planning in New York is important. The creation of a Last Will and Testament and other documents such as a Living Trust, Health Care Proxy, Living will and a Power of Attorney, allows a person to control the disposition of assets and provide directions regarding personal decision-making. It requires…
When a Last Will and Testament is submitted to the Surrogate’s Court, the document is always reviewed for due execution. The requirements needed to properly sign a Will are located in Estates, Powers and Trusts Law section 3-2.1 entitled “Execution and attestation of wills; formal requirements”. The New York Probate…
The execution of a New York Will must comply with the requirements of the estate statutes. It is important to follow these rules so that the Will be validated and admitted to probate. There have been numerous posts in the New York Probate Lawyer Blog explaining the need for the…
The preparation and execution of a Last Will in New York requires careful attention to detail. When a Will is being formulated a New York Estate lawyer typically obtains information from a testator regarding assets and intentions concerning beneficiaries. Since the purpose of estate planning is to insure that a…