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
Continue Reading 3 Questions in Every new Probate Case
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
Continue Reading Aunt/Uncle/Cousin Cases in New York Surrogate’s Court
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
Continue Reading Estate handling approach – “Begin With the End in Mind”
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
Continue Reading Top 10 Things Many Lawyers Don’t Know About New York Surrogate’s Court
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
Continue Reading What is Probate?
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,
Continue Reading Basic New York Intestacy – Who Inherits When There is No Will
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
Continue Reading Inheritance Rights of Cousins in New York
At some point everyone “thinks about making a Will”. Some turn the thought into action and do it. Some don’t.
As a lawyer I say everyone should act on this thought, but in reality the consequences of not acting may
Continue Reading When “Thinking About Making a Will” is Dangerous
Under New York law, when a person dies without a Will, sometimes first cousins CAN inherit, subject to certain special rules.
The most significant rule is that while first cousins can inherit, generally they cannot serve as fiduciary. This job
Continue Reading The Challenge (and fun) of “cousin cases”
When I refer to a “probate case”, I am talking about any situation where someone has died and now someone else is in my office.
In these situations there are 3 main areas I ask questions about. I can’t think
Continue Reading 3 Questions in EVERY new probate case
