Probating a Will in New York can involve many complex procedures. A person typically prepares an estate plan and executes a Last Will so that his intentions regarding the disposition of his estate can be clearly set forth. Since the validity of a Last Will is extremely important, Estates, Powers…
Last Wills are part of estate planning. The contents of the Will contains numerous provisions dealing with the distribution of estate assets. There can be pecuniary bequests which provide for a definite amount of money to be given to a beneficiary. There can also exist residuary provisions that direct the…
An estate executor or administrator has many obligations with regard to an estate. The New York Probate Lawyer Blog has discussed in many posts the various powers that an estate fiduciary can exercise. These powers include the right to collect assets and pay expenses. However, in addition to the powers…
Probate of a Will in New York is primarily controlled by the various estate laws. These statutes are part of the Surrogate’s Court Procedure Act (SCPA) and the Estates, Powers and Trusts Law (EPTL). The probate process has been examined in many of the articles appearing in the New…
An estate in New York requires the appointment of a fiduciary. Executors or Administrators are the fiduciaries who control estate settlement. Executors are appointed when there is a Last Will to be probated. Administrators are appointed when a person dies intestate (without a Will). There are many instances when the…
A Probate Proceeding is just one of the many types of proceedings that can be commenced in the New York Surrogate’s Court. Other types of matters include Administration, Kinship and Accounting Proceedings. Each type of matter has its own particular set of rules and procedures which are typically found in…
Estate Attorneys in New York are familiar with the process by which a Last Will is admitted to probate. Probating a Will essentially involves presenting the Will to the Court for review and having the Court determine that the Will is valid. Once the validity of the Will is established…
The execution or signing of a New York Last Will is subject to very strict statutory requirements. While the Will signing ceremony may seem somewhat formal and old-fashioned the requirements of the statutes must be adhered to for the Will to be admitted to probate or validated. As previously reviewed…
The New York Probate Lawyer Blog has discussed in numerous posts that determining the identity of a decedent’s distributees (i.e., next of kin) is very important. It was recently reported in an article by Jacqui Goddard in The Telegraph on December 27, 2012, entitled “Louis Armstrong’s secret daughter revealed, 42…
The New York Probate of a Last Will can be relatively smooth depending upon many factors. Of course, everyone has heard stories of feuds over a decedent’s estate and Will Contests that are both lengthy and costly. However, for the most part, the probating of a Will is not controversial.…