Probate NY

14 Oct Assignment of Tangible Personal Property to a Revocable Trust

Posted at 13:59h in Estate Planning, Last Will and Testament, Probate NY

To ensure someone makes the most informed decision about the best instrument to use in planning how their own estate will be set up, they should understand how wills and trusts work, how they differ from one another, and what advantages and disadvantages each instrument offers to both the settlor/testator(rix) and the beneficiaries. In this blog post, we’ll focus on how a revocable trust can serve as a tool to transfer tangible personal property or other assets to the next generation or to other parties you wish to endow....

07 Oct New York Estate Administration Checklist

Posted at 19:03h in Estate Planning, Last Will and Testament, Probate NY

If you are named as the executor of a person’s will, or you plan to administer the estate of someone who died without a will, you will be assuming a role of great responsibility as an estate fiduciary. How you perform your new duties will be subject to the oversight of the New York Surrogate’s Court, and the scrutiny of all those who stand to benefit from the decedent’s estate....

30 Sep Letters Testamentary in New York

Posted at 18:14h in Estate Planning, Last Will and Testament, Probate NY

A letter testamentary is an important court order issued by the NY Surrogate’s Court only after the court conducts a detailed review of all the documents submitted by the person seeking to be recognized as the legal executor of decedent’s estate. ...

09 Sep Medical Debts in New York After Death

Posted at 18:22h in Estate Planning, Last Will and Testament, Probate NY

When a family member dies after a long illness, especially one that required very expensive medical treatments, the unpaid medical bills that remain can be enormous. Who is legally responsible for the medical debts that a decedent leaves behind?...

02 Sep What Is an Affidavit of Heirship in New York?

Posted at 17:48h in Estate Planning, Last Will and Testament, Probate NY

An affidavit of heirship is a document, sworn to under oath, that is submitted to the Surrogate’s Court definitively identifying all of the people who may have a legal claim to inherit the decedent’s assets or property....

31 Aug Questions to Ask an Estate Planning Attorney

Posted at 13:40h in Estate Planning, Last Will and Testament, Probate NY

Because estate planning sometimes involves legal instruments unfamiliar to most clients, it’s important to have trust that your estate planning lawyer is knowledgeable about what’s right for you and your family, and that they are up to date on all current and pending laws relevant to your purpose....

08 Jul What Does Administration C.T.A. Mean in the Probate Process?

Posted at 17:52h in Estate Planning, Last Will and Testament, Probate NY

An administration C.T.A. is a process ordered by the court when the person named as executor in a Will is unable or unwilling to fulfill his/her fiduciary responsibilities. An important part of writing a Will in New York is the designation of someone to act as the executor of the Will when the time comes to submit the Will to the Surrogate’s Court for probate....

20 May Limited Letters of Administration in New York State | SCPA 1001

Posted at 21:31h in Estate Planning, Last Will and Testament, Probate NY

In cases with no will, the court appoints an “administrator” to oversee the management of the estate assets. In such a case, the Surrogate Court will issue Letters of Administration, documents attesting to that person’s authority to perform acts for the estate, subject to the court’s approval....

18 Mar Reasons to Remove the Executor of an Estate

Posted at 21:12h in Estate Planning, Last Will and Testament, Probate NY

In New York, removing an executor requires substantial evidence of specific grounds set out in the statute that governs their disqualification. Our state’s courts treat the removal of an executor as a very serious step to be taken only in rare circumstances. The courts have ruled that removing an executor annuls the testator’s choice, and should be granted only when the grounds are clearly established or on a clear showing of serious misconduct that endangers the safety of the estate....

11 Mar Who Does a Probate Lawyer Represent?

Posted at 19:33h in Last Will and Testament, Probate NY

At Ely J. Rosenzveig & Associates, our attorneys have extensive experience representing clients who become involved in the probate process. In some cases, we have acted as legal counsel to the personal representative appointed by the court to execute a decedent’s will. In other cases, we’ve represented a beneficiary who wanted their interests protected, or a beneficiary who challenged the authenticity or validity of a decedent’s will. ...

01 Jan The New York Probate Process When the Deceased Has No Will

Posted at 15:41h in Probate NY

Probate is a process conducted by the surrogate’s court in New York to authenticate a decedent’s (the person who died) last will and testament....

07 Aug How to Avoid Probate in New York

Posted at 15:56h in Probate NY

Probate court is a proceeding in which a deceased person's assets and property are transferred to those named to inherit them. The probate process can be time-consuming, expensive, and frustrating. It’s wise to take action now to spare your family and friends the headaches if possible. ...

04 Apr What is a Notice of Probate in New York?

Posted at 19:57h in Probate NY