A Last Will and Testament in New York must comply with the basic statutory requirements provided by the estate laws. The primary statute regarding the fundamental aspects of Will preparation and execution is Estates, Powers and Trusts Law Section 3-2.1 entitled “Execution and attestation of wills; formal requirements”. According to…
Upon the death of an individual, the process to administer the estate commences. Sometimes a person leaves a Last Will and Testament. If there is no Will, then the person dies intestate and the distribution of the estate is subject to the laws of intestacy. A primary function in administering…
It is not unusual that after an executor or administrator is appointed by the Surrogate’s Court that he or she finds out there is estate litigation to contend with. For instance, the decedent may have left numerous debts which are unpaid and the creditors may decide to bring lawsuits to…
The procedure and terminology in a case involving a New York estate can be perplexing to those unfamiliar with this area of the law. Surrogate’s Court matters typically involve statutes that are part of the Surrogate’s Court Procedure Act (SCPA) and the Estates, Powers and Trusts Law (EPTL). The Surrogate’s…
The consideration of estate matters in New York always involves a number of variables. New York, as well as the country as a whole, is comprised of a diversity of personal relationships controlled by numerous laws that are evolving all of the time. A recent article written by Sarah O’Brien…
After the death of a decedent, a proceeding may be commenced to probate a Last Will and Testament. Probate proceedings are filed in Surrogate’s Court in the county where the decedent resided. Various individuals may want to contest the Will. Most commonly, objectants are the decedent’s distributees or next of…
Time after time, estate executors and administrators seem to be confronted by a common problem – the sale of estate realty occupied by a family member. The duty or obligation of the estate fiduciary is to collect and protect the estate assets and satisfy the decedent’s debts and obligations and…
Article 81 of the Mental Hygiene Law provides the procedures and requirements regarding guardianship of an incapacitated person. The statute allows for the appointment of a guardian for property management and for personal needs. Whether or not a person requires a guardian is determined by the Court after a hearing. …
The settlement of an estate typically focuses on the protection and collection of estate assets. These assets may include bank accounts, retirement funds and other financial holdings. However, the major asset in most estates is an interest in real estate. Real estate may be in the form of a single…
The surviving spouse of a decedent is afforded numerous post-death rights. At the most basic level, where the decedent did not have a Last Will and Testament, pursuant to Estates Powers and Trusts Law Section 4-1.1, the surviving spouse is entitled to be paid the entire intestate estate or at…