A New York Will is a means by which a person can express his or her desires regarding the final disposition of property and the management of the affairs of his estate. New York Estates, Powers and Trusts (EPTL) section 1-2.19 defines a “Will’ as “an oral declaration or written…
The New York Probate Lawyer Blog has discussed many issues that arise in connection with intestacy. When a person is said to have died intestate it means that his or her estate is to be distributed without the benefit of a Last Will. The relevant local laws of intestacy determine…
Those seeking to set up a trust in New York have many more options than their nationwide peers when it comes to choosing a trustee. New York offers a unique and varied concentration of financial service institutions that is unlike anywhere else in the world. However, your trustee need not…
As a way for an individual to avoid burdening his or her surviving family members with the task of probating a Will and probate fees after death, New York law allows the creation of the inter vivos trust, also called the living trust. A living trust is an arrangement under…
A New York Estate Planning Attorney can advise a client regarding the preparation of documents such as a Last Will, Living Will, Health Care Proxy, Power of Attorney and Living Trust. By preparing these documents an individual can provide protection to him or herself and their family during life and…
Estate Administration in New York involves the determination of the persons who are the estate beneficiaries. The New York Probate Lawyer Blog has discussed in many posts that when a person dies without a Last Will his or her distributees inherit the estate. Where a Last Will has been prepared,…
New York Estate Litigation can involve many aspects of Estate Settlement. Surrogate’s Court proceedings often concern issues such as the validity of a Last Will in a Will Contest. The identity of Estate Distributees may require a kinship hearing. Controversies regarding the ownership of estate assets also presents many opportunities…
Estate litigation in New York can involve a countless number of issues. The situation that is most commonly recognized is the Contested Will or Will Contest. This type of trust and estate litigation usually gets newspaper headlines such as in the recent case of the Estate of Brooke Astor. The…
The New York Probate process has many different aspects and requirements. The probate of a Last Will begins with the preparation of a Probate Petition which is to be filed with the Surrogate’s Court. Many of the basic Surrogate’s Court forms can be found online at www.nyccourts.gov/forms/surrogates. The petition is…
The estate settlement process in New York involves a number of stages. The first stage is typically the appointment of the fiduciary. Where the decedent has left a Last Will, the Will must be probated. Throughout New York such as in Westchester or the Bronx, probate in the Surrogate’s Court…