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...

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...

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...

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...

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...

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...

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.

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...

Starting an estate plan can be overwhelming, and you probably have many questions. You are not alone. Below are eight questions people often ask about last wills and testaments as they begin to think about estate planning.

1. Aren’t Wills Only for Wealthy People?

This...

According to the 2023 Wills and Estate Planning Survey by Caring.com, only 34 percent of Americans have an estate plan.

The primary reasons respondents gave for not participating in estate planning are:

Procrastination Believing they need more assets Not...