New York Probate Lawyer Blog
The New York Probate Lawyer Blog has published many articles about administering a New York Estate. At the commencement of administration, an essential issue is whether a decedent had executed a Last Will and Testament, or whether he died intestate. This issue determines the type of proceeding which will be filed in the Surrogate’s Court. If there is a Will, a probate proceeding is started. Where there is no Will, a petition for letters of administration is utilized. In each case, the goal is to obtain the appointment of an estate fiduciary, whether an executor or administrator.
Also, each type of proceeding carries with it a host of other issues. A probate proceeding may involve the possibility of a Will Contest. Where there is no Will, there may be a contest as to which distributee should be appointed as the estate administrator. However, an issue which is pervasive regardless of the type of proceeding is where a decedent was domiciled at the time of death. Domicile is the place where a person has their fixed or primary home. Someone can have many residences but only one primary domicile. Domicile is important because the laws of a person’s domicile basically control many of the substantive issues regarding a person’s estate. Also, a Surrogate’s Court may not accept a case for filing and determination if a decedent was not domiciled within the Court’s jurisdiction.
For example, in some estates there may be an issue regarding a spouse’s right of election to receive a minimum share of a decedent’s estate. Generally, the issue of a right of election is controlled by the laws in a decedent’s domicile. Also, a New York Surrogate’s Court will generally not accept an estate filing for a decedent whose domicile is New Jersey.
In view of the above, there may be initial estate litigation regarding a determination of domicile. Domicile is typically viewed as a question of law and fact. A decedent’s intentions and contacts with the various jurisdictions must be examined in detail. Particularly where individuals have a number of residences and contacts across state or country lines, figuring out domicile may be difficult.
A recent Staten Island estate case entitled “In the Matter of the Estate of Marie Hill” decided by Richmond County Surrogate Matthew J. Titone on August 13, 2024 reflects the issues presented by a decedent’s domicile. In Hill, a proceeding was filed in Richmond County Surrogate’s Court. The decedent died in a health care facility in New Jersey. She had previously owned a home and lived in Staten Island. When the decedent became ill and unable to handle her affairs, her son, using a power of attorney, moved the decedent to a care facility in New Jersey and sold her Staten Island home. In reviewing whether the New York Court had jurisdiction, the Surrogate noted that the relocation of the decedent and the sale of her home did not reflect an intention by her to change her domicile. These events occurred due to the decedent’s illness and a power of attorney was used to effectuate these transactions. Since there was no expressed intention by the decedent to change her domicile, the Court found that the decedent remained a New York domiciliary.
The Hill case shows the complexities involved in handling estate matters. I have represented clients throughout New York in trust and estate cases and guardianship matters for over forty (40) years. Do you have a question regarding an estate? Call Me Now for a free confidential review of your estate matter. We offer reasonable and flexible fee arrangements and personal representation.
New York Trusts and Estates Attorney Jules Martin Haas has helped many clients over the past 40 years resolve issues relating to guardianship and probate and estate settlement throughout New York City including the Bronx, Queens, Brooklyn, Manhattan, Nassau and Suffolk County. If you or someone you know has any questions regarding these matters, please contact me at (212) 355-2575 for an initial free consultation.