The forum for proceedings regarding a decedent’s estate is typically the Surrogate’s Court. Probate proceedings and requests for intestate administration are filed in the Surrogate’s Court in the county where the decedent lived. For example, if the person lived in Manhattan, the estate proceedings would be filed in the New…
Estate planning and creating a Last Will and Testament is important. However, during the planning process, attention must be given to the eventual probating of the Will. When a Will is admitted to probate by the Surrogate’s Court, the effect is to validate the terms and provisions in the document. …
Like most things in life, estate planning in New York comes in all different shapes and sizes. Each person has their own unique situation regarding assets and desires concerning advance directives and post-death distributions. When reference is made to a so-called non-traditional family, the reality is that in today’s world,…
One of the responsibilities of a fiduciary, whether an Executor, Trustee or Administrator, is to discover, administer and protect the assets of an estate or trust. When assets are in the form of bank accounts or other financial funds, these items can be transferred into a new estate or trust…
A New York estate is administered by an Executor or Administrator. An Executor is appointed when a Last Will is admitted to probate. The appointment of an administrator occurs in a case when the decedent dies intestate without leaving a Will. The job of the estate fiduciary encompasses many functions. …
Many of the issues concerning estate planning, including the preparation of Last Wills, Living Wills, Health Care Proxies and Powers of Attorney involve the personal intentions of the creator of the document. For example, a Will should reflect the manner in which the testator desires or intends his assets to…
After a person dies, there is a need to settle the estate of the decedent. If the decedent prepared a Last Will and Testament, then the Will needs to be probated. The New York probate process can be complicated, especially if there is a Will Contest. One of the most…
As a New York Estate Lawyer, I am frequently contacted by individuals who have received a paper from the Surrogate’s Court that is titled at the top with the word “CITATION.” Most people are not familiar with the procedures involved in estate settlement or estate litigation cases or the requirements…
The New York Surrogates’ Court is the judicial branch of the legal system that deals primarily with issues concerning a decedent’s estate. These Courts are located in the various counties. In New York City, the locations of the Courts are as follows: New York County (Manhattan) Surrogate’s Court: 31 Chambers…
A fiduciary is defined in Section 103(21) of the Surrogate’s Court Procedure Act (SCPA) as including an executor, administrator and trustee. These fiduciaries have various obligations with regard to carrying out their duties and obligations. To begin with, statutes such as Estates, Powers and Trusts Law (EPTL) section 11-1.1 entitled…