A Fiduciary in New York has many duties and obligations. The New York Probate Lawyer Blog has posted many articles discussing these matters. Executors, Administrators and Trustees must not breach their fiduciary duties. There are many different obligations. Generally, a fiduciary is held to a very high standard by the…
New York Probate Lawyer Blog
New York Claims Against an Estate May Be Determined in Various Court Proceedings
The administration of a New York Estate requires the resolution of many different types of issues. During his lifetime a decedent may have been involved in activities that resulted in claims or debts that are unresolved at the time of death. For example, a person may have incurred credit card…
New York Wills Need to Have Clearly Defined Language
Estate Planning in New York involves the preparation of a number of different papers. Included among these documents is a Last Will and Testament. The New York Probate Lawyer Blog has posted many articles concerning the importance of preparing a Last Will as well as the need for the Will…
A Public Administrator May Administer a New York Estate
There are many cases in the Surrogate’s Court which involve a Public Administrator. Generally, a Public Administrator is a public official who is given the authority to administer estates where no other person or entity is properly available to act as fiduciary. Article 11 of the Surrogate’s Court Procedure Act…
New York Estate Beneficiaries May Be Disqualified from Receiving an Inheritance
Beneficiaries of an Estate in New York may be determined in a number of different ways. The most recognizable method of beneficiary designation is the naming of an individual or institution to receive a benefit in a Last Will. There are many different types of dispositions that can be made…
New York Fiduciaries Can Be Removed If They Breach A Fiduciary Duty
Fiduciaries in New York are appointed to administer estates and trusts. With regard to an estate, the Surrogate’s Court appoints either an Executor or Administrator depending upon whether the decedent had a Last Will. When a Last Will exists, the document is offered for probate and the Court appoints an…
A New York Executor May Need to Evict Occupants From Estate Property
Fiduciaries who are appointed by the Surrogate’s Courts in New York have many responsibilities. The fiduciary can be an Executor or an Administrator. It is very common for a decedent’s estate to have amongst its assets real estate. In fact, in many situations a decedent’s home may be the most…
New York Will Contests Can Involve No Contest Will Provisions
The probate of Wills in New York can be very complicated. The Estates, Powers and Trusts Law (“EPTL”) Section 3-2.1 entitled “Execution and attestation of Wills; formal requirements” provides the basic requirements for the proper execution of a Will. The New York Probate Lawyer Blog contains many articles discussing the…
New York Estate Accountings Require Disclosure by a Fiduciary
The settlement of a decedent’s estate can be viewed as encompassing three stages. Estate Lawyers in New York City are familiar with this process. The first step involves the appointment of the estate representative. When a decedent leaves a Last Will and Testament the Will is filed with the Court…
New York Estates May Involve the Ownership of a Cooperative Apartment
In New York City it is very common that a person may own a cooperative apartment. Essentially, the ownership of a co-op apartment has two aspects. A person is a stockholder of and owns shares in the cooperative corporation. The vested interest in the corporation provides a person with the…