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New York Probate Lawyer Blog

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A New York Fiduciary Appointment Can Be Revoked if There is a Breach of Fiduciary Duty

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…

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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…

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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…

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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…

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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…

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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…

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