Estate planning is an important part of an overall financial plan. The New York Probate Lawyer Blog has published many articles discussing the various aspects of an estate plan. These items include a Last Will and Testament, Living Will, Revocable Trust, Health Care Proxy and Power of Attorney. Some of…
There are many issues that arise concerning identifying the next of kin of a decedent. These issues arise in different contexts. If a decedent died and left a Last Will and Testament, the probate process requires that all of a decedent’s next of kin (distributees) be given notice of the…
The function of estate planning in New York is to provide documents which reflect the intentions of the creator. Estate planning is a broad topic which in general may encompass many types of objectives. In its purest form, an estate plan consists of a Last Will and Testament. In addition,…
A Last Will and Testament is a document meant to memorialize a person’s intentions regarding the disposition of his property after death. The various rules and statutes relating to the probate process are typically strictly adhered to by the Surrogate’s Court. This is because if there are any variations or…
When a person dies, one of the initial issues is whether the individual had a Last Will and Testament. This determination is important because the existence of a Will provides the roadmap for the administration and distribution of a decedent’s estate. In cases where there is no Will, a person…
Probating a Last Will and Testament in New York requires that the Court be satisfied that the Will complies with all the statutory and Court-mandated requirements. The primary source of reference is Estates, Powers and Trusts Law Section 3-2.1 entitled “Execution and attestation of wills; formal requirements.” This statute sets…
When a person dies and leaves a Last Will and Testament, the next step is to commence a proceeding to probate the Will. The probate process can be very complicated. In the first instance, it is important to locate the original of the Last Will and Testament. When the original…
Estate planning in New York can include the preparation of a number of documents. A person may create a Last Will and Testament, a Power of Attorney, a Living Will, a Living or Grantor Trust and a Health Care Proxy. The most basic paper which should be considered is the…
It takes a lot of time and effort to create a New York estate plan. A testator needs to fully access his assets and make decisions regarding the provisions to include in a Last Will and Testament. It is important to determine who is to be a beneficiary as well…
The probate process in New York is comprised of a number of stages. At the outset, the original Last Will and Testament of a decedent must be located. This is not always as easy as it seems. In some cases, only a copy of a Will is found. When this…