What Happens If I Do Not Pay My Traffic Ticket?
There are various consequences that can occur if a motorist does not pay their traffic fines within the timeframe proscribed by the Court or traffic agency. Before June of 2021, in New York State if a motorist did not pay their traffic fine on time, the Court had the discretion to issue a suspension notice, Read on…
The Consequences of A Reckless Driving Charge
Under the New York Vehicle and Traffic Law (VTL), a charge of Reckless Driving pursuant to a VTL 1212 is an unclassified traffic misdemeanor. In short, this is a criminal charge, not a mere traffic violation. The consequences of such a conviction can be extensive, for one’s driving record, insurance rates, employment prospects, and if Read on…
Probate Vs Non-Probate Assets: Understanding The Difference
Quite often, clients may not be aware that only certain assets have to go through probate. The probate proceeding is to admit a Last Will and Testament in New York as valid and conferring upon the Executor the rights and duties pertaining thereto. Let’s first discuss non-probate assets, or what can be commonly referred to Read on…
How Do I Remove A Trustee For Violating His Or Her Trust Duties?
The Surrogate’s Court Procedure Act (SCPA) sections 711 and 719 set forth the various grounds for the removal of a trustee (or executor). The procedures may involve the removal of the trustee with process (petition to Court with service of citation upon Trustee) or without process (no citation to issue). Pursuant to SCPA 711, the Read on…
How Do I Access A Deceased Person’s Bank Account?
The question of how to access a deceased person’s bank account is a broad-based question, but is certainly one that people ask quite frequently and therefore merits a blog posting. The issue of access for a decedent’s bank account comes down to how the bank account is titled. In the context of a checking or Read on…
Tips For Overwhelmed Executors
Quite often, one assumes the role of executor (or administrator) for an estate without realizing many of the complexities associated with being appointed a fiduciary of an estate by the Surrogates’ Court. I usually explain to clients that being an executor of an estate is no different than being a CEO for a corporation. You Read on…
How Can Someone Become The Legal Representative Of An Estate For A Deceased Person?
The duty to handle the property of a deceased person is given to the Personal Representative, who was previously known as the executor. All matters regarding the deceased’s business and finances, including finishing, filing latest tax returns, and dividing assets among the descendants are handled by the Personal Representative. A PR can only be appointed Read on…
What Happens If A Will Beneficiary Passes Away?
New York estate law has adopted and implemented an anti-lapse statute. This law is designed for situation where the beneficiary under the terms of a Will dies before the person who executed the Will, known as the testator. The anti-lapse statute was enacted to balance the equities of the wishes of the testator versus the Read on…
How To Avoid Probate On Bank Accounts
There are various methods by which one can avoid having their assets await the outcome of a probate proceeding. This time frame can increase in the event that one of the interested parties to such a proceeding decides to contest the will. One of the simpler assets that should always be structured to avoid probate Read on…
Estate Administration: What To Expect When Settling An Estate
The question as to what to expect when settling an estate cannot be simply answered in one blog. But there are some factors to consider if you are appointed as a fiduciary of an estate. The first key question is whether the decedent had a Will or not, and if there is a Will, you Read on…