New York Probate Lawyer Blog

Important Facts Regarding Intestate Estates In New York * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *…

When a person dies the New York Estate Laws provide certain preferential rights to a surviving spouse. For example, a surviving spouse has priority to be appointed as Administrator of an intestate estate. Also, the surviving spouse receives the largest distributive share of an intestate estate. A spouse cannot be…

One of the most common problems and sources of estate litigation concerns the possession of estate property by third parties.   In the typical case one of the assets owned by the decedent is property which can be in the form of a house, or a cooperative or condominium apartment. Once…

When a person dies without a Last Will and Testament, he is deemed to have died intestate. This means that the administration of the decedent’s estate is to be controlled by the New York laws of intestacy. The primary statutory authority for intestate estates is Estates, Powers and Trusts Law…

Estate settlement in New York requires that the fiduciary determine and resolve many difficult types of issues. Among the items Administrators and Executors need to finalize are claims against the estate. Creditor’s claims can be in various forms. The more commons claims are outstanding credit card bills. Also, the decedent…

Probating a Will in New York can involve many complex procedures. A person typically prepares an estate plan and executes a Last Will so that his intentions regarding the disposition of his estate can be clearly set forth. Since the validity of a Last Will is extremely important, Estates, Powers…

When a person dies intestate (without a Last Will), his estate is distributed according to the laws of intestacy. Estates, Powers and Trusts Law (EPTL) Section 4-1.1 entitled “Descent and distribution of a decedent’s estate” , provides the statutory list of distributees entitled to receive a distributive estate share. In…

A decedent’s estate is settled by either an Administrator or an Executor.  The estate fiduciary typically retains a New York City Estate Attorney to provide legal representation regarding the initial fiduciary appointment and subsequent administrative tasks. One of the most important responsibilities of the fiduciary is to identify and collect…

Very often the Surrogate’s Court requires that an Executor or Administrator post a bond as a condition to their appointment as a fiduciary. A Bond in the Surrogate’s Court is typically within the discretion of the Judge. Surrogate’s Court Procedure Act (SCPA) Section 710 entitled “Objections which require bond from…

The execution of a Last Will in New York is controlled by Estates, Powers and Trusts Law (EPTL) Section 3-2.1 entitled “Execution and attestation of wills; formal requirements”. Estate Lawyers are familiar with statutory requirements that a Will should be in writing and that there needs to be at least…