A fiduciary appointed by a Court in New York is given various powers and authority to be used in carrying out the tasks of administration. The most common situation is the appointment of an Executor or Administrator by the Surrogate’s Court. In the case of an Executor, the decedent’s Last…
The determination of kinship is important for all New York estate matters. The New York Probate Lawyer Blog has had many posts discussing this issue. Firstly, an Estate Planning Lawyer typically asks a client to provide information regarding next of kin. This information serves many useful purposes. It can indicate…
The common view of the process of administering a decedent’s estate typically follows a progression whereby a person’s Last Will is probated, assets are located and collected, bills and taxes are paid, and finally the net estate is distributed to the estate beneficiaries. Generally, this description is applicable to many…
New York estate planning lawyers are aware of the need to prepare estate planning documents with clear and unambiguous language. There are many types of papers that require clarity of language. These include Last Wills, Living Trusts, Living Wills and Health Care Proxies. The use of specific provisions contained in…
A New York Guardianship proceeding under Article 81 of the Mental Hygiene Law (“MHL”) can be a very complex and sometimes lengthy process. The New York Probate Lawyer Blog has discussed in many posts the Guardianship process. The essence of the proceeding is a determination as to whether the alleged…
There are many aspects in life that can have an impact on a person’s estate. An individual’s marriage is certainly one of the most important and dramatic factors regarding estate rights. If a decedent was married, a surviving spouse is given many estate rights and privileges. As discussed in numerous…
A New York Estate is subject to potential estate taxes. The tax is imposed under both Federal and New York State laws. The New York Probate Lawyer Blog has previously talked about estate taxes. It is the duty of an estate fiduciary such as an Administrator or Executor to determine…
Article 81 of the New York Mental Hygiene Law (“MHL”) contains the provisions regarding the appointment of a Guardian for a person who is incapacitated. The New York Probate Lawyer Blog has previously discussed that the statute provides powers for a Guardian for property management (MHL 81.21) and for personal…
The Contest of a Will in New York, as in most other jurisdictions, brings to mind a tense scene inside a courtroom where a trial is ongoing between a decedent’s family and some interloper such as a nursing aide or other non-relative who has forced an old and unknowing decedent…
New York Estate Attorneys are aware of the many statutes and rules regarding Wills, Estate Settlement and Surrogate’s Court procedures. The Estates, Powers and Trusts Law (“EPTL”) and the Surrogate’s Court Procedure Act (“SCPA”) embody the statutory framework regarding estates practice. Among the many items contained in these laws are…