It is not uncommon that a person who dies was the subject of an Article 81 Guardianship proceeding prior to death. The Guardianship statutes are contained in Article 81 of the Mental Hygiene Law. A Guardian for personal needs and property management will be appointed where a person is determined…
Article 81 of the New York Mental Hygiene Law provides the various statutory provisions for a New York Guardianship. Typically, the statute is utilized to obtain a guardianship over another person’s financial affairs and personal needs. The subject of these proceedings is referred to as an alleged incapacitated person (“AIP”).…
The New York Probate Lawyer Blog has published many articles concerning estate settlement. Factors that can affect a New York estate are enumerable. In the first instance, a determination must be made as to whether a Last Will and Testament needs to be probated. If no Will exists, than an…
There are many aspects to the settlement of a New York estate. First and foremost, there needs to be a determination as to whether the decedent had a Last Will and Testament or died intestate without a Will. The existence of a Will provides provisions for the distribution of a…
The initial inquiry when a person dies is whether or not the decedent has a Last Will and Testament. Where a Will exists, a probate proceeding is commenced in the Surrogate’s Court. Assuming the Will is admitted to probate, the terms of the document control the appointment of an executor…
The probate of a Last Will and Testament is essentially the procedure by which a Will is validated by the Surrogate’s Court. The New York trust and estate laws contain many provisions which are intended to protect the sanctity of a Will and insure that the intentions of a decedent…
One of the primary assets which may be owned by a trust or estate is real estate. This asset may be in the form of residential real property or commercial property. Also, other types of similar assets should be included in the discussion. A condominium unit is real property but…
There are many different types of trusts. A trust may be created as part of the terms of a Last Will and Testament. Such a trust is known as a testamentary trust. In these cases, the testator incorporates the trust terms into the dispositive provision in a Will. For example,…
The probate process in New York can appear daunting to persons unfamiliar with the statutes and procedures relating to such matters. In cases where a person dies and leaves a Last Will and Testament, the Will must be filed with the Surrogate’s Court in order to obtain the Court’s approval…
The probate of a Last Will and Testament validates the provisions contained in the Will. The various Will directions can take many forms. There can be dispositions of specific dollar amounts to beneficiaries, as well as dispositions based upon a stated percentage or share of the estate or of all…