The surviving spouse of a decedent is afforded numerous post-death rights. At the most basic level, where the decedent did not have a Last Will and Testament, pursuant to Estates Powers and Trusts Law Section 4-1.1, the surviving spouse is entitled to be paid the entire intestate estate or at…
A person who is planning the disposition of estate assets needs to make a number of decisions. Among these is the identity of intended beneficiaries and the value or amount of the interest to be provided. These determinations can occur in different forms. Where someone prepares a Last Will and…
When a person dies it is necessary to determine the individuals who have a right to inherit the estate assets. While this may at first seem to be an easy task, the fact is that in many cases the first identification of such persons may be complicated and time consuming.…
When a person dies the New York Estate Laws provide certain preferential rights to a surviving spouse. For example, a surviving spouse has priority to be appointed as Administrator of an intestate estate. Also, the surviving spouse receives the largest distributive share of an intestate estate. A spouse cannot be…
The rights of a surviving spouse have been safeguarded in various provisions of the New York Estate Law. For example, when a person dies without a Last Will his estate is distributed according to the laws of intestacy. Estates, Powers and Trusts Law (EPTL) Section 4-1.1 provides that the intestate…
There are numerous protections afforded to a surviving spouse in the New York Estate Laws. When a person dies without a Last Will, the Estates, Powers and Trusts Law (EPTL) Section 4-1.1 provides that a surviving spouse is entitled to receive the sum of $50,000.00, plus one-half of the decedent’s…
The estate of a decedent is distributed in two basic ways. If a person dies with a Last Will and Testament, once the Will is admitted to probate, the Will provisions determine the distribution. When a person dies without a Last Will, then he is considered to have died intestate.…
New York Estate Attorneys are aware of the many statutes and rules regarding Wills, Estate Settlement and Surrogate’s Court procedures. The Estates, Powers and Trusts Law (“EPTL”) and the Surrogate’s Court Procedure Act (“SCPA”) embody the statutory framework regarding estates practice. Among the many items contained in these laws are…