Estate Planning in New York can include the creation of a number of different papers such as a Last Will and Testament and Living Trust. Also, a person may prepare a Durable Power of Attorney, Living Will and a Health Care Proxy. At the outset of the drafting of these…
The settlement of a decedent’s estate involves numerous activities. When a person is appointed as the Administrator or Executor of an estate, one of the most important fiduciary duties is to locate and collect the assets that were owned by the decedent. In some estates this task can be uncomplicated. …
The initial steps that are typically taken with regard to estate settlement concern the appointment of a fiduciary. The fiduciary can be an executor when there is a Last Will and Testament or an Administrator when a person dies intestate. In order to be appointed by the Surrogate’s Court as…
Article 81 of the New York Mental Hygiene Law (MHL) sets forth the rules and procedures for the appointment of Guardians for an incapacitated person. The statute’s title is “Proceedings For Appointment of a Guardian For Personal Needs or Property Management”. The main focus of the statute is to protect…
The preparation and execution of a Last Will and Testament is always an important part of estate planning. A Will allows a testator to specifically provide for the disposition of assets to the individuals he wants to benefit. A testator’s intentions can be clearly set forth. The New York Probate…
Estate Planning in New York involves a number of items to be reviewed. Most individuals initially approach planning by determining how their estate is going to be distributed. Thus, decisions are made as to various bequests that are to be provided in a Last Will. A simple bequest may be…
Contesting a Will in New York is a complicated matter. There are a number of Statutory and Court prescribed rules that control these proceedings. The New York Probate Lawyer Blog has published numerous articles concerning Will Contests. When someone is challenging the validity of a Will, essentially they are asserting…
New York estate settlement involves many different types of rules and statutes. When a person dies the first question to be asked is whether the decedent had a Last Will and Testament or whether he died intestate. Once this fundamental issue is established either a probate petition or a petition…
There are many different types of provisions that can be written in a Last Will and Testament. The most common terms include bequests to named beneficiaries and other clauses that provide for the disposition of assets. Also, the Will should name Executors and Trustees as well as proposed Guardians if…
Estate planning in New York is important. The creation of a Last Will and Testament and other documents such as a Living Trust, Health Care Proxy, Living will and a Power of Attorney, allows a person to control the disposition of assets and provide directions regarding personal decision-making. It requires…