Disputes regarding estates occur all the time. These matters play out in the New York Surrogate’s Courts which is the primary forum where a decedent’s estate issues are determined. Estate lawyers in New York are familiar with all types of cases ranging from Will contests to the appointment of an…
New York Probate Lawyer Blog
Estate Litigation May Arise from a Decedent’s Personal Relationships
Executors and Administrators of a New York estate bear a great responsibility with regard to their handling of a decedent’s affairs. From the surface it appears rather straightforward that the estate fiduciary needs to identify a decedent’s assets and arrange for their collection. Similarly, debts and expenses must be found…
The Estate Tax Step-Up in Basis – Does it Matter to You
Estate and gift taxes have effects that may vary widely depending on the value of an estate and the place where you live. When a person engages in estate planning, the tax consequences are always considered. Like most taxes, estate and gift taxes are imposed by various states and by…
The Powers of a New York Executor or Administrator are Limited by the Terms of the Court Decree
There are various types of fiduciary appointments granted by the New York State Surrogate’s Court. The Court may appoint an Executor and issue Letters Testamentary. This occurs in connection with the probate of a Last Will and Testament. If the decedent dies intestate, the Court appoints an Administrator and issues…
A Parent Can Be Disqualified to Receive a New York Inheritance
The estate laws in New York are comprised of a variety of statutes which set forth the right of individuals regarding estate inheritance. Some of these more well-known rules relate to a decedent’s surviving spouse. For example, as estate lawyers are aware, a surviving spouse cannot be completely disinherited. Estates,…
A New York Will Contest Needs Substantive Evidence to Succeed
Contesting a Last Will in New York is a complex and difficult endeavor. The problem initially encountered, of course, is that the decedent is not available to explain exactly what occurred in connection with the preparation and execution of a Will. As a result, the facts and evidence need to…
Three (3) Problems with Executing a Last Will Outside of an Attorney’s Office
Preparing a New York Last Will is essential in order to dispose of assets in an orderly manner. A Will allows a testator to provide for bequests and devises of his personal property and real estate interests according to his intentions and desires. Beneficiaries can be named and each one…
How Life Insurance can Affect an Estate Plan
Estate planning in New York is important. It provides an individual with the opportunity to memorialize the manner by which assets can be disposed of upon death. The creation of a Last Will and sometimes a revocable or irrevocable trust develops provisions designating beneficiaries and the portion of assets they…
Planning the New York Estate – Here We Go Again
Estate planning in New York has always been important. The New York Probate Lawyer Blog has published numerous articles over the years discussing the need for, and issues involved with, a Last Will, Living Will, Health Care Proxy, Power of Attorney and Living Trust. However, as estate planning lawyers are…
What is the Surrogate’s Court in New York?
Any discussion regarding estates and trusts in New York invariably involves the Surrogate’s Court. To most individuals not involved with the settlement of a decedent’s estate or other Court matters, proceedings in a Court named Surrogate’s Court may seem mysterious and sometimes ominous. However, this Court and the nature of…