When I refer to a “probate case”, I am talking about any situation where someone has died and somebody is talking to me about it.
There are 3 main areas I ask questions about. Asking these questions helps me figure
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Inheritance Rights of “Cousins” in New York
When people refer to “cousins”, in a way that covers a variety of relationships. For family and social purposes there isn’t much difference between first cousins, second cousins and “cousins once removed. But for legal purposes when inheritances are involved,
Types of Proof in Kinship Cases
As noted in previous posts, aunts/uncles/cousins CAN inherit, if they can disprove the prior inheritance classes (spouse, children, grandchildren, parents, siblings/nieces/nephews) and prove their own relationship and identify and account for everyone at their inheritance level. This generally arises when
3 Questions in Every new Probate Case
When I refer to a “probate case”, I am talking about any situation where someone has died and now someone else is talking to me about it.
In these situations there are 3 main areas I ask questions about. I
Aunt/Uncle/Cousin Cases in New York Surrogate’s Court
If a person dies without a Will, and the closest relatives are aunts, uncles and first cousins, do they inherit in New York?
The answer is YES, but there are some special rules. Aunts, uncles and cousins can inherit if
Estate handling approach – “Begin With the End in Mind”
When I represent someone who is about to become a Fiduciary (Executor or Administrator) of an Estate, I always talk about “how an Estate finishes”. Like many things in life, if you know where you are trying to go it
Top 10 Things Many Lawyers Don’t Know About New York Surrogate’s Court
Many lawyers deal with Surrogate’s Court only peripherally. Considering that questions about Estates and Surrogate’s Court arise so often, it is worth knowing the basics. Here are the top 10 things worth knowing about Surrogate’s Court….
1. The Surrogate Court
What is Probate?
The word “probate” is often tossed around as something to be avoided. As if the failure to avoid it were a mark of stupidity, or symbolized a lack of care or planning.
On some level if a person does extensive
Basic New York Intestacy – Who Inherits When There is No Will
What happens when a person dies without a Will?
Contrary to popular misconception, their assets do NOT “go to the State.”
When there is no will, and a person dies, the laws of intestacy apply. All States have such laws,
Inheritance Rights of Cousins in New York
In this article we will review the inheritance rights of first cousins, first cousins once removed, and second cousins under New York law.
People often use the “cousin” terms loosely, as if they were interchangeable. For family and social purposes