Estate settlement in New York, including Westchester and Suffolk counties, requires a consideration of many issues. A post in the New York Probate Lawyer Blog on December 6, 2011 talked about a number of estate tax issues that should be considered, including the current $5 million federal tax exemption and…
Articles Posted in Trusts and Estates
New York Inheritance Can Depend on Family Status Such As A Valid Marriage
The New York Probate Lawyer Blog has reviewed the many instances where family status or kinship can affect an inheritance. In a blog post dated November 22, 2011, there was a discussion regarding the determination of kinship in order to establish a person’s right to receive a share of a…
Kinship Proceedings In New York Require A Diligent Search for Heirs
All New York Probate and Administration cases require an accurate determination of the decedent’s distributees or next of kin. In Brooklyn probate cases, as well as those throughout New York, proper notice of the Probate filing must be given to these persons. In Queens Administration proceedings, like all other such…
Inheritance in New York Can Be Forfeited Where the Beneficiary Causes the Decedent’s Death
Estate beneficiaries in New York can have rights to receive a share of a decedent’s assets in a variety of circumstances. The beneficiary can be named in the decedent’s Last Will or, if no Will exists (“intestacy”), the beneficiary may be one of the decedent’s next of kin (a “distributee”).…
Estate Disputes Should Be Avoided But Sometimes Never End
The New York Probate Lawyer Blog has reviewed many instances and issues regarding estate litigation, Will contests and disputes among heirs and beneficiaries. Sometimes controversies begin before a person dies when they become ill and incapacitated. Relatives and friends can abuse or breach fiduciary obligations in attempting to control a…
New York Estates Involve Disputes Regarding Lifetime Transfers
There have been a number of previous discussions in the New York Probate Lawyer Blog regarding disputes that arise when a decedent transfers assets to others prior to death. Such transfers are sometimes made to family members or to non-relative third parties. The problems and disputes that arise from such…
Steve Jobs Puts Real Estate in Trusts in New York
A recent article by Thomson Reuters details how the late Apple CEO Steve Jobs has done a good job of moving assets into trusts in order to keep them private from the public. Jobs, who has a reputation for being secretive of his company’s products as well as his personal…
New York Executor or Administrator May Have Rights Regarding The Decedent’s Remains
Administrators and Executors in New York, sometimes referred to as estate fiduciaries, have many powers and responsibilities. The New York Probate Lawyer Blog has discussed many of these aspects of estate settlement including the identification and collection of a decedent’s assets and the payment of expenses, debts and taxes. Reference…
Trusts In New York, Not Just Wills, Can Come Under Attack Without Strong Planning
Forbes is reporting on a lawsuit that alleges political figures in Panama, including three Supreme Court judges, have ripped off poor children who were entitled to millions of dollars. The money was in a trust that instead allegedly was turned over to a non-beneficiary after accepting bribes. Although this is…
New York Probate and Administration Depend Upon the Domicile of a Decedent
The New York Probate Lawyer Blog has talked about many situations involving the probate of a decedent’s Last Will or the intestate administration of an estate where there is no Will. These proceedings comprise the most basic avenues for a decedent’s estate settlement. However, even more fundamental, and as a…