The New York Probate Lawyer Blog has provided many posts regarding the interaction between Article 81 Guardianship proceedings and the settlement of a decedent’s estate. In many cases the disputes and Guardianship litigation that occur while a person is alive are a preview and introduction to the Will contests and…
The Surrogate’s Courts in New York are located in the various counties. Thus, there is a Manhattan Surrogate’s Court, a Queens Surrogate’s Court and so on. Typically, the county where a decedent had his domicile (i.e., primary home) will be the location where the estate proceedings are to be filed.…
A Power of Attorney is a document that can be both useful and misused. New York General Obligations Law (“GOL”) section 5-1501 and the sections of the law that follow set forth the basic provisions regarding the Power. Paragraph 2(j) of Section 5-1501 defines the Power of Attorney as “a…
A fiduciary can be found in any number of different roles. The Surrogate’s Court can appoint a New York Executor or Administrator to handle the affairs of a decedent’s estate. The New York Supreme Court can appoint an Article 81 Guardian to be responsible for the property management and personal…
Following the death of a decedent, proceedings in the Surrogate’s Court are often begun for the appointment of an Executor or Administrator. As discussed in many past posts in the New York Probate Lawyer Blog, an Executor is appointed when a Will is admitted to probate and letters testamentary are…
Estate Planning attorneys are aware that it is important for a person to prepare a Last Will, Living Will, Health Care Proxy and other appropriate papers regarding advance directives and financial planning. The New York Probate Lawyer Blog has had many posts regarding these matters. Among the essentials to develop…
Planning your estate requires the consideration of many factors. A primary consideration is preparing and executing a Last Will. New York Estate Lawyers are familiar with the basic requirements for creating a valid Will. As set forth in Estates, Powers and Trusts Law Section 3-2.1 a Will should be in…
The New York Probate Lawyer Blog has had previous posts concerning the issue of elder abuse. A recent survey released by the National Association of Professional Geriatric Care Managers reported that the financial exploitation of the elderly is a growing and ongoing problem. The survey found that the top areas…
There are numerous and diverse matters that are presented to the Surrogate’s Court for resolution. In the Manhattan Surrogate’s Court, the Queens Surrogate’s Court and the Brooklyn Surrogate’s Court, just to name a few, cases are presented regarding a variety of estate administration and estate settlement controversies. A review of…
Real estate is typically one of the most valuable assets comprising a decedent’s estate. Typically, a person’s residential house is a major asset. Many individuals also own commercial properties that may be used as a part of a business or may contain tenants. In view of the large worth of…