Contesting a Will in New York involves many different rules of law and procedures. The Estates Powers and Trusts Law (EPTL) and the Surrogates Court Procedure Act (SCPA) provide various guides. At its essence, the validity of a decedent’s Will must comply with EPTL Section 3-2.1 entitled “Execution and attestation…
In the typical estate situation, the Surrogate’s Court will appoint either an Administrator or Executor to handle estate affairs. An Executor is appointed when the decedent leaves a Last Will and Testament. When a decedent dies intestate without a Will, an Administrator is appointed. The right to be appointed as…
A New York Executor or Administrator has many duties and obligations. Among these matters is the necessity to identify, protect and collect estate assets. The many powers granted to a fiduciary are set forth in Estates, Powers and Trusts Law Section 11-1.1 entitled “Fiduciaries’ powers.” While collecting assets such as…
The primary guardianship law in New York is contained in Article 81 of the Mental Hygiene Law (“MHL”) which is entitled “Proceedings for Appointment of a Guardian for Personal Needs or Property Management.” The New York Probate Lawyer Blog contains many posts discussing guardianship law and procedure. When a guardian…
Following a person’s death, the settlement of an estate, and any testamentary trusts which may be involved, typically occurs through proceedings in the Surrogate’s Court. The New York Probate Lawyer Blog has published numerous articles concerning the probate and administration of estates. As can be seen from a review of…
When a person is appointed by the Surrogate’s Court as an Administrator or Executor of a decedent’s estate, he assumes a great deal of powers and responsibilities. Estates, Powers and Trusts law Section 11-1.1 entitled “Fiduciaries powers” sets forth an extensive statement of authority which an estate fiduciary may exercise. …
When a person dies and leaves a Last Will and Testament, the validity of the document is subject to the probate process. The estate laws and procedures provide that a probate proceeding be commenced in Surrogate’s Court. Proceedings for the probate of a Will require that all of a decedent’s…
The administration of an estate in New York requires that the Court find that it has jurisdiction to consider the matter being presented to it. Whether the case involves the probate of a Last Will and Testament or the settlement of an intestate estate, the Surrogate’s Court must be satisfied…
There are many factors to be considered in connection with the appointment of a Guardian for personal needs and property management pursuant to Article 81 of the Mental Hygiene Law. A recent post in the New York Probate Lawyer Blog discussed the requirement that clear and convincing evidence be presented…
Article 81 of the Mental Hygiene Law provides the statutes regarding the appointment of a property management and personal needs Guardian. A Guardianship lawyer is aware that these proceedings focus on a number of factors before a Court determines that a Guardian should be provided. First and foremost, the inquiry…