I handle probate and administration cases in New York. This is not “estate planning”. These cases involve situations where “Somebody died, and then…” Most cases involve three questions, which are: 1. Is there a Will or not? 2. Is the situation friendly or unfriendly? 3. Are you the person who will be handling the Estate or a person affected by the handling of the Estate.
WHO SHOULD MAKE A WILL AND WHY DON’T THEY?
What happens when a person dies without a Will? Contrary to popular misconception, their assets do NOT “go to the State”. Their assets go to “family members” under the State’s laws…
Continue Reading Why People Don’t Make Wills….or…..Why Don’t People Make Wills?
Sometimes people write down their wishes or give written directions regarding what they want done after they die. Sometimes they even call it a Will.
Will these be considered a Will? NO
Sometimes people who would benefit from such…
Continue Reading When is a Will Not a Will?
If a fiduciary (in NY it’s an “Administrator” if no Will and “Executor” if there is) has to file an Accounting, where should they start? What should they do?
The Answer is to know what you should have been doing…
Continue Reading You Have To Account: What to Do?
When someone is a fiduciary (Executor or Administrator) of an Estate, they are accountable to the people who have an interest in the Estate. This includes the beneficiaries. When they are doing their job correctly, they are transparent, honest, and…
Continue Reading Petition to Compel an Accounting
When I start representing someone who is about to become a Fiduciary (Executor or Administrator) of an Estate, I always talk about “how an Estate finishes”. Like many things in life and business, if you know where you are trying…
Continue Reading How Do Estates End?
There are two types of Surrogate’s Court Petitions that often give a lot a value. These are:
Petition to Compel Production of a Will and Petition to Compel an Accounting. These are proceedings that can be used when you are…
Continue Reading Petitions to Compel (Part 1 – Compel Production of a Will)
Basic definition – A fiduciary is a person who holds a legal or ethical relationship of trust with one or more other parties (person or group of persons). Typically, a fiduciary prudently takes care of money or other asset for…
Continue Reading What is a FIDUCIARY? Why is knowing this important?
Sometimes in Surrogate’s Court proceedings there are parties who have an interest in the proceedings but for some reason they cannot legally participate. This can occur in any type of proceeding: Probate, Administration and Accounting are the most common. A…
Continue Reading Guardian-ad-Litems in New York Surrogate’s Court
What happens if someone involved in an Estate is dead? These situations are very common. A few standard approaches apply….let’s look at a few situations:
The most important distinction to know is that PRE-deceased situations are very different than POST-deceased…
Continue Reading Estates Within Estates
When I do Wills for clients, I always discuss the option of doing Living Wills and Health Care Proxies. I consider these so important, and so fundamental to proper practice, that I offer them at no additional charge. Here are…
Continue Reading Living Wills and Health Care Proxies
