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Probate And Estate Administration

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…

Does Having a Joint Account With My Spouse Help Avoid Probate If One of Us Passes Away?

It should be noted that there are numerous assets that can be deemed testamentary substitutes, meaning that due to the nature of ownership or the beneficiary scheme, these items may not be covered under the terms of the will. For the most part, if an asset is owned exclusively by the testator-decedent (person who died) Read on…

How to Keep Property Out of Probate in New York

It should be noted that there are numerous assets that can be deemed testamentary substitutes, meaning that due to the nature of ownership or the beneficiary scheme, these items may not be covered under the terms of the will. For the most part, if an asset is owned exclusively by the testator-decedent (the person who Read on…

If I Die Without a Will, Who Will be Appointed as Administrator of My Estate?

In prior blogs, I have discussed what happens to your estate if you die “intestate”, or without a will. Now I shall discuss who will be appointed an administrator to oversee the management of your estate if you die without a will. The Surrogates Court Procedure Act, more particularly, SCPA 1001, sets forth the priority Read on…

If I Am the Executor of an Estate, Should I Have the Checkbook or Should My Lawyer?

Generally speaking, it is the responsibility of the fiduciary appointed by the Court (i.e. executor, administrator) to be in charge of the estate bank accounts. Banks and financial institutions will need to see certificates of Letters Testamentary which grant the authority to the executor to conduct estate business, including the ability to open an estate Read on…

How Can An Estate Litigation Attorney Help Me Contest An Improperly Executed Will?

There are essentially four categories of objections that an interested party can make if they are going to object to a Will being admitted to probate. I will give a cursory review of the basis for said objections. The first basis to object to a Will being offered for probate in the Surrogate’s Court is Read on…

What Is The Difference Between Probate And Administration Proceedings?

The process of admitting a valid Will is referred to as probate, while a similar process known as administration, occurs when a decedent dies without a will (“intestate”). The individual named in the decedent’s Will (and who is often the petitioner in a probate proceeding) is the proposed executor, who after the will is admitted Read on…