New York Probate Lawyer Blog
New York estate settlement often involves many different issues and concerns. In the first instance, after a person’s death, there is a need for the appointment of an executor or administrator. The procedure which needs to be followed in the Surrogate’s Court is determined by whether a decedent had a Last Will and Testament. If a Will is located, then it is filed with the Court to commence the probate process. When a Will cannot be located, then a proceeding for intestate administration must be utilized. The New York Probate Lawyer Blog has published many other articles concerning probate and also the administration of an intestate estate.
Once a fiduciary is appointed, there are a number of tasks and responsibilities which need to be undertaken. It is imperative to ascertain the full nature and extent of a decedent’s assets. Many times, the identity of assets is not clear or may not be easily obtained. Records of accounts may be available among a decedent’s physical records. However, it is prevalent today for many assets and asset information to be stored only in a digital format. If passwords are unknown, an estate fiduciary could be severely limited in his ability to identify and collect these items.
A recent Manhattan estate case entitled Petition of Terence M. Healy, decided by Manhattan Surrogate Hillary Gingold on August 8, 2014, involved a request by an estate administrator to access a decedent’s information which was held under the Apple User ID and stored in the decedent’s iPhone and MacBook. In this proceeding, Apple did not interpose any objection to the Court petition. The Surrogate allowed the estate administrator to obtain access to the digital information to ascertain asset information and other personal information of the decedent.
Obtaining information relating to a decedent may be difficult in other situations. Any investigation regarding a decedent’s kinship or marriages is essential to probate and intestate proceedings. An interesting case was recently decided by the Supreme Court in Manhattan concerning the unsealing of a decedent’s divorce records. In Matter of Morancie, decided by Justice John J. Kelly on August 29, 2024, a decedent’s daughter brought a proceeding under the New York Domestic Relations Law to unseal the decedent’s divorce file. It appears that the decedent’s former spouse was claiming a spousal interest in the decedent’s estate in Trinidad and Tobago. The Court found that special circumstances existed and there would be no embarrassment to any living person by granting the requested relief. The Court allowed the daughter to have access to the Court file to obtain the judgment of divorce.
As can be seen from the Healy and Morancie cases, estate settlement can be complicated. Representation and guidance from an experienced estate lawyer can be essential to facilitate estate management. Do you have a question regarding an estate? Call Me Now for a free confidential review. I have been representing clients in estate cases for over 40 years. We provide 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.