Close

New York Probate Lawyer Blog

Updated:

Did You Know that a Temporary Administrator Can be Appointed in a Probate Proceeding?

There are essentially two (2) different paths to follow for the appointment of a fiduciary after someone dies.  In order to administer and settle an estate, there must be an executor or an administrator.  If the decedent left a Last Will and Testament, then a probate proceeding is going to…

Updated:

A Family Member is Usually the Best Guardian – But Not Always

Article 81 of the Mental Hygiene Law contains the provisions regarding the appointment of a Guardian.  As discussed in many earlier posts in the New York Probate Lawyer Blog, the statutes provide for the appointment of a property management Guardian and also for a personal needs Guardian. When an application…

Updated:

Be Careful When Attempting to Modify or Alter a New York Last Will and Testament

Estate planning in New York involves many different aspects.  Initially, a person needs to consider and develop the manner in which an estate is to be distributed.  Decisions need to be made concerning the various beneficiaries who are to receive distributions.  Also, the amount of payment to each beneficiary under…

Updated:

A New York Fiduciary May Force a Third Party to Turn Over Estate Assets – An Important Part of Estate Settlement

The acceptance of an appointment as a New York estate Executor or Administrator requires that an individual carry out responsibilities.  The failure to act in a responsible manner could subject a fiduciary to damages for breach of fiduciary duty.  Provisions contained in the Estates, Powers and Trusts Law and the…

Updated:

An Estate Fiduciary May Pay Estate Debts – An Important Job for Executors and Administrators

There are many different obligations and aspects to the role of an estate executor or administrator.  Their primary duty is to collect assets and satisfy estate obligations.  In most instances, the assets owned by a decedent are easily identified and collected, such as bank accounts, real estate, financial accounts and…

Updated:

Did You Know That a Claim for Services for Care Provided to a Decedent May Be Unenforceable?

During the course of the administration of a New York Estate, an executor or administrator may be confronted with various issues.  For example, there may be numerous debts that need to be satisfied, such as credit card bills, medical bills, car loans, mortgages and utility bills.  Each of these items…

Updated:

A Decedent’s Ownership of a Cooperative Apartment May Present Challenges for a Fiduciary

A New York estate may have many different types of assets.  These may include bank accounts, brokerage accounts, real estate, and retirement funds.  Each of these items can present various issues for an executor or administrator.  The estate fiduciary has an obligation to collect and protect estate assets.  The failure…

Contact Us