The starting point of an estate is the appointment of an estate fiduciary. When a decedent leaves a Last Will and Testament, the Will must be admitted to probate in order for its terms to become effective. The Court
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Did You Know That A Person Must Have Standing To File Objections To A New York Last Will and Testament
Insight Into Complexities Concerning The Appointment and Removal of Executors and Administrators
The appointment of an Executor or Administrator to represent a New York estate may, at first, seem rather simple. If a person dies without a Last Will and Testament the estate is inherited by the decedent’s next of kin, known…
New York Article 81 Guardianship: Some Interesting Aspects
A No Contest Clause Cannot Prevent A Beneficiary From Seeking A Fiduciary Accounting
https://www.juleshaasattorney.com/practice-areas/trust-and-estates/estate-planning-and-wills/Estate planning in New York is important. It is the method by which a person can specify the manner by which assets can be distributed upon death or other situations. Documents which are typically associated with estate planning…
A Beneficiary May Be Required to Refund a Distribution Received From an Executor or Trustee
One aspect of estate settlement is the actual distribution of funds or other items to the ultimate beneficiaries of an estate or trust. As explained in many prior articles in the New York Probate Lawyer Blog there are three main…
The New York Probate of a Lost Will is Always Problematic
Upon the death of a decedent, one of the first orders of business is determining whether there exists a Last Will and Testament. If a person dies without a Last Will, then their estate is distributed according to the…
Probate of a New York Will May Involve an Ancient Document
The probate process in New York requires compliance with the Estates, Powers and Trusts Law (EPTL) and the Surrogate’s Court Procedure Act (SCPA). One of the most important statutory provisions is EPTL 3-2.1 entitled “Execution and attestation of wills; formal…
Probate of a New York Will by Summary Judgment
When a person dies leaving a Last Will and Testament, it is necessary to have the Will admitted to probate. This is typically the situation where a decedent dies and there are assets held in the decedent’s name…
