Estate Administration

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…

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…

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…

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…

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…

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…