The New York estate settlement process involves many different requirements and responsibilities. An Executor is the person or institution appointed by the Surrogate’s Court to administer or carry out the terms or provisions in a Last Will. The responsibilities of a person named as Executor begins immediately after the death…
Attorneys familiar with probating a Last Will throughout New York, such as in the Bronx and Brooklyn, are often confronted with issues that result in Court litigation. Many of these controversies involve family disputes and disagreements that have origins many years before the death of the decedent. Once a person…
As the New York Probate Lawyer Blog recently reported, a majority of Americans believe that planning an estate and putting together a will is important. However, as the survey also discovered, a majority of those questioned do not have the proper documents in place for themselves. A large percentage (36…
Beginning on July 24, 2011 same-sex couples will be allowed to marry in New York. As is common with most new laws, marriage equality provides many new estate and property rights while leaving unanswered other issues. As is provided throughout New York estate statutes such as the Surrogate’s Court Procedure…
It seems like every week you hear a story on the news or read in the newspaper about an elderly person who suffers physical abuse, either by a caretaker or family member. Sometimes the person victimized is handicapped or otherwise dealing with challenges in life. Sadly, it often takes law…
A recent survey posted on The Wall Street Journal’s MarketWatch website found that while Americans believe that estate planning and wills are important, they do not have the documents in place for themselves. Residents of Queens and Brooklyn, particularly those owning homes, should not leave the disposition of their assets…
New York law provides for many requirements regarding inheritance and Last Wills. The New York Probate Lawyer Blog has discussed that when a person dies without a Last Will, his or her estate is distributed to the distributees or “next of kin”. New York Estates, Powers and Trusts Law section…
In Stern v. Marshall, the U.S. Supreme Court recently ruled against the estate of Anna Nicole Smith, who had married a Texas oil tycoon 63 years her senior a year before he died, The New York Times reports. What this case illustrates is the importance of hiring an experienced New…
Planning a New York estate requires that all family beneficiary and asset information be obtained and thoroughly reviewed. Before considering the impact of estate or income taxes, a road-map should be created that provides for the concise disposition of assets to specifically named or identified beneficiaries. The New York Probate…
The proper execution or signing of a Last Will in New York requires that the formalities provided by statute be followed. The New York Probate Lawyer Blog has previously discussed these rules. The basic “formal requirements” for the signing and witnessing of a Will are set forth in Estates, Powers…