Experienced probate attorney for New York Surrogate's Court Cases - probate, administration, kinship, ancillary probate
When I represent 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, if you know where you are trying to go it is easier to make a good plan to get there.
Not every State handles “estate…
Many lawyers deal with Surrogate’s Court only peripherally. Considering that questions about Estates and Surrogate’s Court arise so often, it is worth knowing the basics. Here are the top 10 things worth knowing about Surrogate’s Court….
1. The Surrogate Court Clerk’s offices are broken down into departments:
– Probate (Appointment of a fiduciary when there…
The word “probate” is often tossed around as something to be avoided. As if the failure to avoid it were a mark of stupidity, or symbolized a lack of care or planning.
On some level if a person does extensive planning, and has ALL their assets with named beneficiaries, or if a person creates a…
At some point everyone “thinks about making a Will”. Some turn the thought into action and do it. Some don’t.
As a lawyer I say everyone should act on this thought, but in reality the consequences of not acting may not be SO bad, IF the results would be relatively the same with or without…
When I refer to a “probate case”, I am talking about any situation where someone has died and now someone else is in my office.
In these situations there are 3 main areas I ask questions about. I can’t think of a situation where these questions would not be asked. Asking these questions helps me…
WHO SHOULD MAKE A WILL AND WHY DON’T THEY?
What happens when a person dies without a Will? Contrary to popular misconception, their assets do NOT “go to the State”. Their assets go to “family members” under the State’s laws of intestacy. So, the question any sane person with assets should be asking is “Who…
Sometimes people write down their wishes or give written directions regarding what they want done after they die. Sometimes they even call it a Will.
Will these be considered a Will? NO
Sometimes people who would benefit from such writings ask me, as a lawyer, to bring these writings to the Courts attention. They are…
When someone is a fiduciary (Executor or Administrator) of an Estate, they are accountable to the people who have an interest in the Estate. This includes the beneficiaries. When they are doing their job correctly, they are transparent, honest, and communicative.
What if they aren’t doing those things? What if they are being secretive, or…
There are two types of Surrogate’s Court Petitions that often give a lot a value. These are:
Petition to Compel Production of a Will and Petition to Compel an Accounting. These are proceedings that can be used when you are trying to get things going and nothing is happening. Not only are these petitions relatively…
Basic definition – A fiduciary is a person who holds a legal or ethical relationship of trust with one or more other parties (person or group of persons). Typically, a fiduciary prudently takes care of money or other asset for another person.
When doing Wills or handling Estates, we are often talking about fiduciaries. A…