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...
A common estate planning mistake is assuming that a will controls everything a person owns at death. In many New York estates, that is not true. Retirement accounts, life insurance policies, annuities, payable-on-death accounts, transfer-on-death registrations, and jointly held accounts may pass outside the will by operation of contract, account form, or...
One of the more difficult situations in estate administration occurs when family members discover a document that appears to be a will, but questions immediately arise regarding whether it was properly signed or legally executed.
Sometimes the document is entirely unsigned. In other situations, the decedent may have signed...
One of the most emotionally charged disputes in Surrogate's Court involves allegations that a will does not truly reflect the decedent's wishes. Family members are often shocked to learn that a parent, spouse, or relative signed a new will shortly before death that dramatically changed beneficiaries, disinherited close relatives, or favored a...
Many people first learn they are involved in an estate proceeding when they receive a legal document called a citation from the Surrogate's Court. The document may arrive by certified mail, personal service, or another authorized method, and recipients are often unsure what it means or whether they need to respond.
When a person dies without a will in New York, the estate generally passes to surviving family members under New York intestacy law. In some estates, identifying the proper heirs is straightforward. In others, the Surrogate's Court may require proof regarding the decedent's family tree before estate assets can be distributed.
When a will is offered for probate in New York, family members do not always agree that the document should be accepted by the Surrogate's Court. Sometimes the dispute is emotional. Sometimes it is financial. Sometimes there are serious concerns about whether the will was properly signed, whether the person understood what...
When someone is appointed to handle an estate, the Surrogate's Court gives that person legal authority to act on behalf of the estate. If there is a will, that person is usually called the executor. If there is no will, the person appointed by the court is...
When a loved one dies, beneficiaries often expect estate administration to move quickly and transparently. The reality on Long Island can be different. Probate and administration take time when there is East End real estate to sell, debts to resolve, tax issues to address, or family conflict to manage.
Estate planning sounds complicated, but at its core it is simply a plan for who is in charge and who receives what if you become disabled or pass away. For Long Island families, that plan has to work within New York’s specific rules and the Surrogate’s Courts that handle estates. In this...
