Probating a Last Will and Testament in New York requires that the Court be satisfied that the Will complies with all the statutory and Court-mandated requirements. The primary source of reference is Estates, Powers and Trusts Law Section 3-2.1 entitled “Execution and attestation of wills; formal requirements.” This statute sets…
When a person dies and leaves a Last Will and Testament, the next step is to commence a proceeding to probate the Will. The probate process can be very complicated. In the first instance, it is important to locate the original of the Last Will and Testament. When the original…
There are many issues which a New York estate administrator may need to deal with. The basic function of an estate executor or administrator involves identifying and collecting assets and resolving claims and other obligations affecting an estate. The New York Probate Lawyer Blog contains many articles describing various aspects…
The New York estate laws contain provisions concerning the various relationships between family members. There are statutes concerning spousal rights and also inheritance rights relating to other family members. For example, a New York spouse has the ability to make a claim against the other spouse’s estate if they are…
Estate settlement may involve complex issues regarding a decedent. Many of the articles appearing in the New York Probate Lawyer Blog discuss issues concerning the probate of a Last Will and Testament or the appointment of an administrator of an intestate estate. Probate and administration proceedings can take many months…
When proceedings are filed in Surrogate’s Court regarding a decedent’s estate, the primary focus is inevitably on the person who is, or is seeking to be, the estate fiduciary. In cases of intestacy, there may arise issues regarding the qualification of the individual seeking to be appointed as administrator. Similarly,…
There are many instances where a person dies intestate, without a Last Will and Testament. When this occurs, a decedent’s estate is distributed to his next of kin or distributees pursuant to the priorities established under Estates, Powers and Trusts Law Section 4-1.1 entitled “Descent and distribution of a decedent’s…
The process of administering an estate in the Surrogate’s Court may involve numerous proceedings. Initially, it may appear that only two main proceedings exist when a person dies. One type of proceeding is called probate. This situation arises when a person leaves a Last Will and Testament. A Will must…
A very common aspect in New York estate settlement and estate litigation concerns the rights of a surviving spouse. The New York Probate Lawyer Blog has published numerous posts concerning spousal rights and decedent’s estates. Estate lawyers in New York are aware that state statutes such as the Estates, Powers…
Estate planning in New York can include the preparation of a number of documents. A person may create a Last Will and Testament, a Power of Attorney, a Living Will, a Living or Grantor Trust and a Health Care Proxy. The most basic paper which should be considered is the…