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
Probate & Estates Blog
The Probate & Estates Blog, published by Barry Seidel, Esq., focuses on legal issues related to probate and estate administration in New York. It covers topics such as intestate succession, kinship and inheritance rights of relatives including cousins, the role and duties of fiduciaries like executors and administrators, and the processes involved in Surrogate's Court. The blog discusses practical aspects of estate completion, including mandatory and non-mandatory accounting states, informal and formal accounting procedures, and dispute resolution among beneficiaries. It also addresses challenges in probate cases, such as contested wills, notice requirements, and the responsibilities of public administrators in cases involving distant relatives.
Latest from Probate & Estates Blog - Page 2
Basic New York Intestacy – Who Inherits When There is No Will
By Barry Seidel
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
By Barry Seidel
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…
When “Thinking About Making a Will” is Dangerous
By Barry Seidel
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…
The Challenge (and fun) of “cousin cases”
By Barry Seidel
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…
3 Questions in EVERY new probate case
By Barry Seidel
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…
Why People Don’t Make Wills….or…..Why Don’t People Make Wills?
By Barry Seidel
WHO SHOULD MAKE A WILL AND WHY DON’T THEY?
What happens when a person dies without a Will? Contrary to popular misconception, their assets do NOT “go to the State”. Their assets go to “family members” under the State’s laws…
When is a Will Not a Will?
By Barry Seidel
Sometimes people write down their wishes or give written directions regarding what they want done after they die. Sometimes they even call it a Will.
Will these be considered a Will? NO
Sometimes people who would benefit from such…
You Have To Account: What to Do?
By Barry Seidel
If a fiduciary (in NY it’s an “Administrator” if no Will and “Executor” if there is) has to file an Accounting, where should they start? What should they do?
The Answer is to know what you should have been doing…
Petition to Compel an Accounting
By Barry Seidel
When someone is a fiduciary (Executor or Administrator) of an Estate, they are accountable to the people who have an interest in the Estate. This includes the beneficiaries. When they are doing their job correctly, they are transparent, honest, and…