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…
Articles Posted in Trusts and Estates
New York Inheritance Laws Do Not Protect Step-Children
The various rights afforded to persons by the New York estate laws generally require that a person be related by blood to a decedent. New York Estates, Powers and Trusts Law (EPTL) Section 4-1.1 provides the relationship of individuals who can inherit an estate of a decedent who died without…
New York Surrogate’s Court Proceedings May Require A Guardian Ad Litem
The New York Probate Lawyer Blog has discussed many of the proceedings that can arise in the Surrogate’s Court such as the Manhattan Surrogate’s Court and Nassau Surrogate’s Court. Each of the counties in New York State has its own Surrogate’s Court. The various proceedings include Probate Proceedings, Intestate Administration…
New York Estate Laws Effect The Estate Interests of a Spouse
The relationship of marriage is among the most basic considerations in Estate planning and Estate administration. The most common form of an estate plan is typically one where one spouse creates a Last Will that leaves an entire estate to the other spouse. The New York Estates, Powers and Trusts…
New York Gifts Made Prior to Death Are Often the Subject of After Death Disputes
The New York Probate Lawyer Blog has posted many items concerning Estate Litigation. Litigation in New York Estates in common in the context of a Will Contest where a distributee (next of kin) such as a child is either completely excluded from the Will or left a bequest that is…
Estate Litigation in New York Can Involve Many Different Issues
Estate litigation occurs on a daily basis in Manhattan, Brooklyn, Nassau and other New York Surrogate’s Courts in counties across the state. The variety of the issues that are the subject of dispute often appear to be endless and usually present rather interesting problems. New York estate lawyers confront many…
New York Estate Settlement and Estate Planning Involves Many Kinds of Issues
New York Estate Planning Lawyers encounter many different issues that can have an effect on an estate plan and a decedent’s estate. Post death concerns are often resolved in proceedings in the Manhattan Surrogate’s Court, Queens Surrogate’s Court or the Surrogate’s Court in New York’s many other counties. It is…
New York Estate Planning Can Include Pre-Nuptial Agreements and Testamentary Trusts
There have been numerous posts in the New York Probate Lawyer Blog discussing many aspects of the importance of good estate planning. First and foremost, preparing and signing a Last Will allows a person to provide specific direction as to the disposition of property upon death. Absent the execution of…
New York Distributees Must Be Determined For Estate Settlement
Proceedings in the New York Surrogate’s Court, like most Court matters, require that all of the interested parties be given proper notice of the Court action. In addition to the fundamental fairness that results from proper notice, the Court’s ultimate rulings and Orders generally can have no effect over persons…
New York Wills and Trusts Require Careful Selection of Executors and Trustees
Executors, Trustees and Administrators in New York are commonly referred to as fiduciaries. Fiduciaries are the representatives of a trust or estate that are authorized by their appointment to act on behalf of the trust or estate. The New York Probate Lawyer Blog has had many posts discussing actions of…