Many probate disputes end in settlement instead of a trial. When the parties reach an agreement in court, that agreement is generally binding. A person who later changes their mind cannot simply walk away from the settlement without proving there
A person’s residence and legal domicile are not always the same. This distinction can become important in estate administration because a Surrogate’s Court generally has jurisdiction based on the decedent’s domicile at the time of death.In Matter of Schellbach, the
When someone dies without a valid will, the Surrogate’s Court must appoint someone to administer the estate. That person is called an administrator. The administrator collects estate assets, pays debts, and distributes what remains to the people legally entitled to
Adding another person’s name to a bank or investment account does not always mean that person owns the money after the original owner’s death. Sometimes a joint account is created only so that a trusted relative can help pay bills
Executors are generally entitled to receive compensation for administering an estate under New York law. In most cases, that compensation is calculated according to a statutory formula based on the value of the probate estate. However, a will may provide
A trustee is responsible for managing trust property, making distributions to beneficiaries when appropriate, and carrying out the wishes of the person who created the trust. Although beneficiaries may disagree with a trustee’s decisions, not every disagreement is grounds for
The Queens County Surrogate’s Court considered whether an executor could evict fellow beneficiaries from estate property in order to sell the property. In Matter of Pisarik, the court examined the limits of an executor’s authority when beneficiaries become co-owners of
When someone dies, money held in the person’s bank accounts does not automatically become available to family members. In most cases, the bank must wait until an executor or administrator has been appointed and presents the appropriate court-issued authority, such
Estate administration often depends on accurately identifying a deceased person’s heirs. When questions arise about whether all potential distributees were disclosed during an administration proceeding, Surrogate’s Courts may be asked to determine whether a fiduciary obtained appointment through a material
Estate administration depends on accurate information being provided to the Surrogate’s Court. When someone seeks appointment as an administrator, the petition must correctly identify the decedent’s heirs and other interested parties. If later evidence suggests that information in the petition
