Important Facts Regarding Intestate Estates In New York
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When a person dies without a Last Will he is said to have died intestate. In these cases, a person’s estate is distributed according to Estates, Powers and Trusts Law section 4-1.1 entitled “Descent and distribution of a decedent’s estate.
When a person dies the New York Estate Laws provide certain preferential rights to a surviving spouse. For example, a surviving spouse has priority to be appointed as Administrator of an intestate estate. Also, the surviving spouse receives the largest distributive share of an intestate estate.
A spouse cannot be disinherited. The Estates, Powers and Trusts Law Section 5-1.1-A entitled “A Right of election by surviving spouse” gives a surviving spouse a Right of Election. This means that the survivor can elect to receive one-third of a decedent’s net estate. The New York Probate Lawyer Blog has had many posts regarding the Right of Election and the Notice of Right of Election.
This right is often utilized so that a spouse can receive a share of pension benefits or death benefits that have another person designated as the beneficiary.
One of the most common problems and sources of estate litigation concerns the possession of estate property by third parties. In the typical case one of the assets owned by the decedent is property which can be in the form of a house, or a cooperative or condominium apartment. Once an executor or administrator is appointed to represent the estate, the fiduciary has the responsibility to take control of and protect the asset. When the estate property is occupied by a third party or surviving family member, the fiduciary may be prevented from securing the property or selling it to pay estate debts or distributions. The New York Probate Lawyer Blog has published many articles concerning evictions and estate property. This situation often results in estate litigation in either the local landlord-tenant Court or the Surrogate’s Court. New York City Estate Lawyers are familiar with these proceedings. Continue reading
When a person dies without a Last Will and Testament, he is deemed to have died intestate. This means that the administration of the decedent’s estate is to be controlled by the New York laws of intestacy. The primary statutory authority for intestate estates is Estates, Powers and Trusts Law (EPTL) Section 4-1.1 entitled “Descent and distribution of a decedent’s estate”. This statute provides the order of priority for the individuals entitled to inherit from the estate.
The New York Probate Lawyer Blog has published many articles regarding intestacy. Surrogate’s Court Procedure Act (SCPA) Section 1001 entitled “Order of priority granting letters of administration”, sets forth the persons entitled to be appointed as the estate Administrator. Continue reading
Estate settlement in New York requires that the fiduciary determine and resolve many difficult types of issues. Among the items Administrators and Executors need to finalize are claims against the estate.
Creditor’s claims can be in various forms. The more commons claims are outstanding credit card bills. Also, the decedent may have left unpaid medical bills or a mortgage. Business debts and unpaid matrimonial obligations from a divorce may also need to paid. The fiduciary has a responsibility to satisfy or discharge all claims. If a creditor is not satisfied, a fiduciary can become personally liable if he distributes estate assets before a resolution. Continue reading
Probating a Will in New York can involve many complex procedures. A person typically prepares an estate plan and executes a Last Will so that his intentions regarding the disposition of his estate can be clearly set forth. Since the validity of a Last Will is extremely important, Estates, Powers and Trusts Law (EPTL) Section 3-2.1 entitled “Execution and attestation of wills; formal requirements” provides strict guidelines for executing a Will. The need for signatures, witnesses and other statutory and legal requirements are all intended to safeguard the Will execution process.
The New York Probate Lawyer Blog has posted many articles concerning probate. When a Will is filed with the Surrogate’s Court for probate, there are many other papers that need to be provided to the Court such as witness affidavits. Also, the decedent’s next of kin must be identified and given the opportunity to object to the Will. A New York City Probate Lawyer is familiar with these requirements. Continue reading
When a person dies intestate (without a Last Will), his estate is distributed according to the laws of intestacy. Estates, Powers and Trusts Law (EPTL) Section 4-1.1 entitled “Descent and distribution of a decedent’s estate” , provides the statutory list of distributees entitled to receive a distributive estate share.
In order to receive a share, a potential heir must be able to demonstrate his relationship to the decedent. In many cases where the heirs at law are uncertain, the Surrogate’s Court will require a Kinship Hearing before it allows the distribution of the estate funds. The New York Probate Lawyer Blog has posted many articles regarding Kinship proceedings and intestate distribution. Continue reading
A decedent’s estate is settled by either an Administrator or an Executor. The estate fiduciary typically retains a New York City Estate Attorney to provide legal representation regarding the initial fiduciary appointment and subsequent administrative tasks.
One of the most important responsibilities of the fiduciary is to identify and collect estate assets. The New York Probate Lawyer Blog has talked about this aspect of estate cases in many posts. It is common that the primary asset owned by a decedent is real estate usually in the form of a residence. Such property can be a single family home, or a cooperative or condominium apartment. Continue reading
Very often the Surrogate’s Court requires that an Executor or Administrator post a bond as a condition to their appointment as a fiduciary. A Bond in the Surrogate’s Court is typically within the discretion of the Judge. Surrogate’s Court Procedure Act (SCPA) Section 710 entitled “Objections which require bond from fiduciary not otherwise required to file bond”, provides various directions as to the posting of a bond.
A bond is simply a form of insurance to protect the estate creditors and beneficiaries from possible estate loses. The New York Probate Lawyer Blog has discussed fiduciary bonds in earlier posts. When a person prepares a Last Will, one common provision is that the need to post a bond by the Executor is waived. On the other hand, in many intestacy administration cases, the Court requires that the Administrator post a bond as a condition to his appointment. Continue reading
The execution of a Last Will in New York is controlled by Estates, Powers and Trusts Law (EPTL) Section 3-2.1 entitled “Execution and attestation of wills; formal requirements”. Estate Lawyers are familiar with statutory requirements that a Will should be in writing and that there needs to be at least two attesting witnesses.
When a Will is offered for probate in the Surrogate’s Court it is necessary to notify the decedent’s distributees (next of kin). These individuals have the right to file Objections to the Will. Typically the distributees receive a Probate Citation which is like a Summons. The Citation provides a Court date on which the person receiving the Citation must appear in the Surrogate’s Court and advise the Court regarding his Objections to the Will. Continue reading
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