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
Estate planning is very important and may be accomplished by the creation of a number of documents. These papers include a Last Will and Testament and a lifetime trust which may be revocable or irrevocable. Advance directives in the nature
Continue Reading How to Change a New York Last Will and Testament
There are some very basic rules regarding the handling of a New York estate. Initially, a determination needs to be made as to whether or not a decedent had a Last Will and Testament or died intestate. If there is
Continue Reading New York Intestate Administration – The Court Requires Accurate Information to Grant Letters
Kinship in New York is always an important factor affecting estate settlement. Most of the proceedings in the Surrogate’s Courts require that a decedent’s distributees or next of kin be included as interested parties. For instance, where a person
Continue Reading Kinship – The Problems Faced by a Non-Marital Child
The settlement of an estate in New York involves many facets. Of course, in its initial phase, the appointment of a fiduciary such as an executor or administrator needs to occur. Thereafter, the fiduciary engages in the process of identifying
Continue Reading Estate Distribution of Tangible Personal Property is a Common Source of Conflict
A very common issue that arises in estate litigation concerns pre-death transfers of assets. When a person prepares a Last Will and Testament, this document only controls assets which are owned by a decedent at the time of death.
Continue Reading Transfers of Real Estate Prior to Death Require Proof of the Validity of the Gift
