In the typical estate situation, the Surrogate’s Court will appoint either an Administrator or Executor to handle estate affairs. An Executor is appointed when the decedent leaves a Last Will and Testament. When a decedent dies intestate without a Will,
Continue Reading New York Limited Letters of Administration – A Useful Procedure to Search for Assets
A New York Executor or Administrator has many duties and obligations. Among these matters is the necessity to identify, protect and collect estate assets. The many powers granted to a fiduciary are set forth in Estates, Powers and Trusts Law
Continue Reading A New York Fiduciary Can Restrain the Transfer of Alleged Estate Property
The primary guardianship law in New York is contained in Article 81 of the Mental Hygiene Law (“MHL”) which is entitled “Proceedings for Appointment of a Guardian for Personal Needs or Property Management.” The New York Probate Lawyer Blog contains
Continue Reading New York Guardianships – The Britney Spears Dilemma
Following a person’s death, the settlement of an estate, and any testamentary trusts which may be involved, typically occurs through proceedings in the Surrogate’s Court. The New York Probate Lawyer Blog has published numerous articles concerning the probate and
Continue Reading New York Estate Litigation – An Unhappy Place
When a person is appointed by the Surrogate’s Court as an Administrator or Executor of a decedent’s estate, he assumes a great deal of powers and responsibilities. Estates, Powers and Trusts law Section 11-1.1 entitled “Fiduciaries powers” sets forth an
Continue Reading Can a New York Executor Seek Direction from the Court Concerning Fiduciary Decisions – Yes, in Special Circumstances
When a person dies and leaves a Last Will and Testament, the validity of the document is subject to the probate process. The estate laws and procedures provide that a probate proceeding be commenced in Surrogate’s Court. Proceedings for
Continue Reading A New York Will Contest Requires Substantive Evidence to Proceed
The administration of an estate in New York requires that the Court find that it has jurisdiction to consider the matter being presented to it. Whether the case involves the probate of a Last Will and Testament or the settlement
Continue Reading New York Probate Requires a Determination of Domicile
There are many factors to be considered in connection with the appointment of a Guardian for personal needs and property management pursuant to Article 81 of the Mental Hygiene Law. A recent post in the New York Probate Lawyer
Continue Reading The Appointment of a New York Guardian Involves the Balancing of Many Factors
Article 81 of the Mental Hygiene Law provides the statutes regarding the appointment of a property management and personal needs Guardian.
A Guardianship lawyer is aware that these proceedings focus on a number of factors before a Court determines
Continue Reading New York Guardianship Appointment Requires Clear and Convincing Evidence
The settlement of a New York estate can be very complicated and involve many different issues. In fact, due to various problems, some estates may take years for estate settlement. However, there are three basic components to the process
Continue Reading An Informal Accounting Can Settle a New York Estate and Preclude a Judicial Accounting
