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
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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…
The New York Surrogate’s Court May Revoke the Appointment of an Executor or Administrator
In order to effectively handle a decedent’s estate, an executor or administrator needs to be appointed. The New York Probate Lawyer Blog has published many articles regarding the appointment of fiduciaries such as administrators, trustees, and executors.
Where a person…
New York Estate Planning and the Probate Process
Estate planning is an important part of an overall financial plan. The New York Probate Lawyer Blog has published many articles discussing the various aspects of an estate plan. These items include a Last Will and Testament, Living Will,…
New York Will Contests Involve Pre-Objection Discovery
Estate planning in New York is important since it provides a procedure for a person to document the manner in which assets are to be disposed of at death. There are many different aspects to planning an estate, which also…
Article 81 Guardianships – When Termination May Be Appropriate
Article 81 of the New York Mental Hygiene Law (MHL) contains the provisions concerning the appointment of a Guardian for an individual. There are basically two types of Guardians – a Guardian for Personal Needs and a Guardian for Property…
The Domicile of a Decedent is Important for Estate Administration
The New York Probate Lawyer Blog has published many articles about administering a New York Estate. At the commencement of administration, an essential issue is whether a decedent had executed a Last Will and Testament, or whether he died…
Determining Kinship is Important to Settle a New York Estate
There are many issues that arise concerning identifying the next of kin of a decedent. These issues arise in different contexts. If a decedent died and left a Last Will and Testament, the probate process requires that all of…
A Constructive Trust May Help Estate Beneficiaries
Disputes arise all of the time following the death of a decedent. These matters can take many different forms. If a decedent left a Last Will and Testament issues may exist as to whether the Will is valid. There may…
New York Compulsory Accounting – Additional Considerations
The New York Probate Lawyer Blog has published numerous articles concerning all aspects of probate, administration and Surrogate’s Court and estate matters. Most recently, an article was published on October 8, 2024 entitled “A Compulsory Accounting May Be Required…
