People often use the “cousin” terms loosely, as if they were interchangeable.  For social purposes they are interchangeable, but legally they are decidedly NOT.  This distinction arises in two particular situations:

  1. When a person dies without a Will (which is called “intestate”) and the closest relatives are cousins.
  2. When a Will is being offered for

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 they are interchangeable, but legally they are decidedly NOT.  This distinction arises in two particular

When I start representing someone who is about to become a Fiduciary (Executor or Administrator) of an Estate, I always talk about “how an Estate finishes”.  Like many things in life and business, if you know where you are trying to go it is much easier to make a good plan to get there.

Not

What happens if someone involved in an Estate is dead?  These situations are very common.  A few standard approaches apply….let’s look at a few situations:

The most important distinction to know is that PRE-deceased situations are very different than POST-deceased situations.  When I refer to “PRE” and “POST” I am talking about when the person