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...
Category: Estate Litigation
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...
Can a Will Be Contested in New York Because of Undue Influence?
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...
What Is a Citation in New York Surrogate’s Court?
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.
Objecting to a Will in New York: What Families Should Know About Contested Probate
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...
Can an Executor or Administrator Be Removed in New York Surrogate’s Court?
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...
Beneficiary Rights in a New York Estate: When to Ask for an Accounting in Surrogate’s Court
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.
