Many people assume that naming an executor in a will guarantees that the named individual will eventually administer the estate. In practice, that is not always what happens. Executors sometimes die before the testator, become incapacitated, decline to serve, cannot be located, or become otherwise unable to act.
Funding a Revocable Trust in New York: Why People Skip the Step and What Happens
Many people believe that once a revocable trust has been signed, the planning process is complete. The trust agreement is executed, the estate planning binder is assembled, and the client leaves believing that probate avoidance has been accomplished.
Unfortunately, that assumption is often incorrect.
Waivers and Consents in New York Probate: What They Do and What They Don’t Do
One of the first documents family members often receive after a loved one's death is a Waiver and Consent. The document may arrive with a probate petition, a copy of the will, and a request that it be signed and returned promptly. Many recipients assume it is merely a formality. Others...
The Dead Man’s Statute in New York Will Contests: Understanding CPLR 4519
One of the most misunderstood evidentiary rules in New York probate litigation is the Dead Man's Statute, codified in CPLR 4519. Clients are often surprised to learn that testimony they consider important may be restricted because the person who allegedly participated in a conversation or transaction is deceased and therefore unable...
Health Care Proxies and Living Wills in New York: What Is the Difference?
Many people assume that a health care proxy and a living will are the same document. In reality, they serve different purposes, although they are often used together as part of a comprehensive estate plan.
The confusion is understandable. Both documents address medical decision-making during periods of...
Defending a Will Against Undue Influence Objections in New York
Few allegations generate more emotion in a probate proceeding than a claim that a loved one was pressured into signing a will. Family members may believe that a sibling, caregiver, neighbor, friend, or later-life companion manipulated the decedent into changing an estate plan. In many cases, those suspicions become formal objections...
Voluntary Administration of Small Estates in New York: When a Full Probate Proceeding Is Not Required
When a family member dies, many people assume that a formal probate or administration proceeding will be necessary. In some cases that is true. However, New York law provides a simplified procedure for certain smaller estates that allows assets to be collected without the time, expense, and formality of a full...
Updating an Estate Plan After Divorce in New York
A divorce changes a family structure, but it does not automatically clean up every estate planning document, beneficiary designation, fiduciary appointment, or jointly held asset. Many people assume that once a judgment of divorce is entered, their former spouse is completely removed from all estate-related documents. In New York, that assumption is...
What Is a Fiduciary Turnover Proceeding Under SCPA 2103?
One of the most frustrating situations an executor or administrator can encounter is the belief that estate assets exist but cannot be located, accessed, or recovered. Sometimes the issue involves a family member who was managing finances before death. In other cases, property was transferred shortly before...
What Happens If You Cannot Locate the Original Will in New York?
A family member dies, and everyone knows that a will was signed. The decedent discussed it with relatives, named an executor, and may even have provided copies to family members or advisors. Yet when the time comes to begin probate, the original signed document cannot be located.
This situation...
