A Guardianship proceeding in New York is controlled by the provisions of Article 81 of the Mental Hygiene Law (MHL). The New York Probate Lawyer Blog has discussed in earlier posts that the New York Courts have the jurisdiction to impose Guardianship directions generally over in-State matters. MHL Section 81.04…
A New York Estate Planning attorney is familiar with the numerous issues that need to be reviewed when creating estate planning documents. Such documents include Last Wills and Living Trusts. As pointed out in the New York Probate Lawyer Blog, a fundamental aspect in the planning process is understanding the…
Estate proceedings in New York typically involve the collection of assets that were owned by the decedent. In most cases the assets are easily identified and collected such as bank accounts or securities accounts. As discussed in earlier posts in the New York Probate Lawyer Blog, there are occasions when…
When a person dies without a Last Will and Testament he is deemed to have died intestate. As discussed in many earlier posts in the New York Probate Lawyer Blog, where there is an intestate decedent, a petition needs to be filed with the Surrogate’s Court seeking Letters of Administration.…
A New York Guardianship proceeding under Article 81 of the Mental Hygiene Law (“MHL”) typically requires that the Court find the alleged incapacitated person (“AIP”) to be incapacitated. The focus of the Court is on the functional abilities of the AIP and the manner in which the AIP can handle…
An estate fiduciary such as an Executor and Administrator has many different obligations. The New York Probate Lawyer Blog has discussed many of these duties. For example, the fiduciary must locate, protect and collect estate assets. This function includes such tasks as closing a decedent’s bank accounts or brokerage accounts…
When a person dies without a Last Will he is deemed to have died intestate. New York Surrogate’s Court Procedure Act (“SCPA”) Section 103(28) defines “Intestate” as “A person who dies without leaving a valid will.” The New York Probate Lawyer Blog has published many posts regarding the administration of…
It is very common that a decedent is a tenant in a New York City Rent Stabilized or Rent Controlled apartment. The rules regarding such rent regulated housing are very complex and concern matters such as the amount of rent that can be charged and other landlord-tenant issues. One of…
New York Estate Lawyers know that it is important for individuals to create plans that reflect their intentions. An estate plan can include a Last Will, Living Will, Health Care Proxy, Power of Attorney and Living Trust. It is important that when creating these documents, an individual give serious consideration…
Executors and Administrators in New York have many different duties and fiduciary obligations. The New York Probate Lawyer Blog has discussed the importance of a fiduciary acting properly and protecting estate assets. A source of controversy in estate administration often involves the ownership and management of real estate. Typically, a…