Estate assets may include bank accounts, security investment accounts and retirement funds. However, real estate ownership typically accounts for the largest value in most estates. Moreover, due to the many ways that real property may be owned and the lack of attention by owners to title formalities, an estate’s interest…
When a Last Will and Testament is submitted to the Surrogate’s Court, the document is always reviewed for due execution. The requirements needed to properly sign a Will are located in Estates, Powers and Trusts Law section 3-2.1 entitled “Execution and attestation of wills; formal requirements”. The New York Probate…
When a person dies and leaves a Last Will and Testament, it is necessary to commence a probate proceeding to have the Will validated. Probate in New York requires that various documents be filed with the Surrogate’s Court. The original of the Will needs to be provided along with an…
Article 81 of the New York Mental Hygiene Law (MHL) contain the various provisions regarding the appointment of a Guardian for a person who is incapacitated. The main title of this Article is “Proceedings For Appointment of A Guardian For Personal Needs or Property Management”. The various sections of the…
One of the most valuable assets compromising an estate is real estate. Typically, a decedent may own a home which he occupied with other individuals or which third parties occupied alone. When the Surrogate’s Courts appoints an Administrator or Executor, the duties of the fiduciary often include securing and selling…
After a person dies it is usually necessary to enter the decedent’s residence for various purposes. To begin with, it may be that the home needs to be searched to see if the person left a Last Will and Testament. Gaining access to the home may not be difficult if…
After a person dies it is necessary to determine whether it is necessary to file a Surrogate’s Court proceeding. Such filing would be in the form of either a Probate Proceeding or an Administration Proceeding. The Surrogate’s Courts are located in the various counties in New York. For example, there…
Probating a Will in New York requires strict adherence to statutory and procedural rules. The primary source of authority is the Estates, Powers and Trusts Law and the Surrogate’s Court Procedure Act. When a person dies and leaves a Last Will, there are many instances when family members or friends…
When a person dies without a Last Will and Testament he is said to have died intestate. In these cases there are two statutes in New York that must be referred to for primary consideration. Estates, Powers and Trusts Law (EPTL) section 4-1.1 entitled “Descent and distribution of a decedent’s…
The appointment of a Guardian in New York requires the commencement of a Guardianship Case in the Court. It may be difficult at times to determine the appropriate procedures and the proper Court concerning these matters. There are Guardianships under Article 17-A of the Surrogate’s Court Procedure Act (SCPA). Article…