In order for a Last Will and Testament to be admitted to Probate, the Surrogate’s Court must be presented with all of the papers needed to satisfy the requirements of the Estates, Powers and Trusts Law and the Surrogate’s Court Procedure Act. The document which initiates the probate process is…
A Last Will and Testament in New York must be admitted to Probate in order for it to become effective. The probate process involves the filing of a petition with the Surrogate’s Court along with additional documents. Persons who are identified as distributees (the decedent’s next of kin) must be…
When a person dies and leaves a Last Will and Testament, the validity of the document is subject to the probate process. The estate laws and procedures provide that a probate proceeding be commenced in Surrogate’s Court. Proceedings for the probate of a Will require that all of a decedent’s…
Preparing a New York Last Will is essential in order to dispose of assets in an orderly manner. A Will allows a testator to provide for bequests and devises of his personal property and real estate interests according to his intentions and desires. Beneficiaries can be named and each one…
It is well known that writing an estate plan is essential to have an effectual distribution of assets at death. A lot of time and effort can be expended creating a Last Will, Living Will, Health Care Proxy and Power of Attorney that reflect a person’s desires and intentions. The…
A Last Will and Testament in New York must comply with the basic statutory requirements provided by the estate laws. The primary statute regarding the fundamental aspects of Will preparation and execution is Estates, Powers and Trusts Law Section 3-2.1 entitled “Execution and attestation of wills; formal requirements”. According to…
It is an important role of estate planning to prepare a Last Will and Testament. This document allows a testator to set forth in various provisions his desires as to the disposition of his estate. Once a Will is admitted to probate, the terms become validated and the testator’s estate…
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 dies and leaves a Last Will and Testament, it is necessary to commence a probate proceeding to have the Will validated. Probate in New York requires that various documents be filed with the Surrogate’s Court. The original of the Will needs to be provided along with an…
When a person dies and the initial steps are taken to administer his estate, one of the first issues to be resolved is the domicile of the decedent. Domicile is an interesting topic and the determination of domicile can be very complicated. Essentially, it is the place where a person…