Estate planning in New York is essential for the efficient settlement of a decedent’s estate. The New York Probate Lawyer Blog has published many articles regarding planning an estate. The various documents which may be prepared as part of a
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The Appointment of an Estate Administrator Can Be Contentious
Estate planning in New York presents many benefits for settling an estate. The foundation for any plan is a Last Will and Testament. This document allows a person to memorialize in writing his intentions and desires regarding the disposition of…
What Happens When a Co-Executor Dies – Problems with Co-Fiduciaries
In many instances, there is a possibility that co-fiduciaries may be appointed to represent an estate. Let’s begin by examining intestate administration. When a decedent dies without a Last Will and Testament, the appointment of an estate administrator is…
Fiduciary Responsibility Never Ends – New Areas of Concern with AI Generated Material
The Intersection of Article 81 Guardianship and a Will Contest (With a Little Artificial Intelligence Thrown In)
It is not uncommon that a person who dies was the subject of an Article 81 Guardianship proceeding prior to death. The Guardianship statutes are contained in Article 81 of the Mental Hygiene Law. A Guardian for personal needs and…
The Benefits and Limits of a New York Article 81 Guardianship
Article 81 of the New York Mental Hygiene Law provides the various statutory provisions for a New York Guardianship. Typically, the statute is utilized to obtain a guardianship over another person’s financial affairs and personal needs. The subject of…
The Domicile of a Decedent Can Affect Estate Settlement
The New York Probate Lawyer Blog has published many articles concerning estate settlement. Factors that can affect a New York estate are enumerable. In the first instance, a determination must be made as to whether a Last Will and…
New York Beneficiary Designations on Assets May Complicate Estate Settlement
There are many aspects to the settlement of a New York estate. First and foremost, there needs to be a determination as to whether the decedent had a Last Will and Testament or died intestate without a Will. The existence…
New York Intestate Rights of Adopted Children Can Be Complicated
The initial inquiry when a person dies is whether or not the decedent has a Last Will and Testament. Where a Will exists, a probate proceeding is commenced in the Surrogate’s Court. Assuming the Will is admitted to…
A Mere Promise to Make a Gift in a Last Will is Generally Unenforceable
The probate of a Last Will and Testament is essentially the procedure by which a Will is validated by the Surrogate’s Court. The New York trust and estate laws contain many provisions which are intended to protect the sanctity…