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…
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…